CS/CS/CS/SB 1452 full text

ENROLLED

2026 Legislature CS for CS for CS for SB 1452, 2nd Engrossed 20261452er

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, rather than the duplication, of lost or

7 destroyed warrants; amending s. 110.113, F.S.;

8 deleting the Department of Financial Services’

9 authority to make semimonthly salary payments;

10 amending s. 112.3135, F.S.; authorizing a public

11 official to take specified actions regarding the

12 employment of a relative as a firefighter; amending s.

13 215.5586, F.S.; defining terms; revising eligibility

14 requirements for a hurricane mitigation inspection

15 under the My Safe Florida Home Program; revising the

16 circumstances under which applicants may submit a

17 subsequent hurricane mitigation inspection

18 application; deleting the requirement that licensed

19 inspectors determine mitigation measures during

20 initial inspections of eligible homes; deleting

21 inspectors’ authorization to inspect townhouses;

22 revising the criteria for eligibility for a hurricane

23 mitigation grant; deleting an expiration date;

24 revising the list of improvements for which grants may

25 be used; requiring that improvements be identified in

26 the final hurricane mitigation inspection to receive

27 grant funds; deleting a provision related to grants

28 for townhouses; authorizing the program to accept a

29 specified certification directly from applicants;

30 requiring applicants who receive grants to finalize

31 construction and request a final inspection within a

32 specified timeframe; specifying that an application is

33 deemed abandoned, rather than withdrawn, under certain

34 circumstances; requiring the department to notify

35 applicants within a specified timeframe before an

36 application is deemed abandoned; authorizing

37 applicants to submit a subsequent application under

38 certain circumstances; authorizing the department to

39 determine that an application is not abandoned under

40 certain circumstances; amending s. 215.89, F.S.;

41 deleting provisions regarding the reporting structure

42 for charts of accounts relating to the use of public

43 funds by governmental entities; amending s. 215.93,

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

45 Management Information System; amending s. 215.94,

46 F.S.; providing that the department is the functional

47 owner of the Financial Management Subsystem rather

48 than the Florida Accounting Information Resource

49 Subsystem; revising the functions of such subsystem;

50 amending s. 215.96, F.S.; revising the composition of

51 the coordinating council; deleting a requirement for

52 the design and coordination staff; requiring that

53 minutes of meetings be available to interested

54 persons; revising the composition of ex officio

55 members of the council; revising the duties, powers,

56 and responsibilities of the council to include

57 reviewing and coordinating annual workplans for a

58 specified purpose; amending ss. 215.985, 216.102, and

59 216.141, F.S.; conforming provisions to changes made

60 by the act; amending s. 440.13, F.S.; revising the

61 timeframe in which health care providers must petition

62 the department to resolve utilization and

63 reimbursement disputes; revising petition service

64 requirements; revising the timeframe in which carriers

65 must submit certain documentation to the department;

66 revising the timeframe in which the panel determining

67 the statewide schedule of maximum reimbursement

68 allowances must submit certain recommendations to the

69 Legislature; creating s. 497.1411, F.S.; defining the

70 term “applicant”; specifying that certain applicants

71 are permanently barred from licensure; specifying that

72 certain applicants are subject to specified

73 disqualifying periods; requiring the Board of Funeral,

74 Cemetery, and Consumer Services to adopt rules;

75 specifying requirements, authorizations, and

76 prohibitions for such rules; specifying when a

77 disqualifying period begins; prohibiting the board

78 from issuing approval for a license until an applicant

79 provides proof that certain fines, costs, fees, and

80 restitution have been paid; specifying that the

81 applicant has certain burdens to demonstrate that he

82 or she is qualified for licensure; specifying that

83 certain applicants who have been granted a pardon or

84 restoration of civil rights are not barred or

85 disqualified from licensure; specifying that such

86 pardon or restoration does not require the board to

87 award a license; authorizing the board to grant an

88 exemption from disqualification under certain

89 circumstances; specifying requirements for the

90 applicant in order for the board to grant an

91 exemption; specifying that the board has discretion to

92 grant or deny an exemption; specifying that certain

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

94 applicability and construction; amending s. 497.142,

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

96 complete under certain circumstances; revising the

97 list of crimes to be disclosed on a license

98 application; amending s. 553.80, F.S.; specifying that

99 certain dwellings do not have a change of occupancy

100 under certain circumstances; amending s. 560.309,

101 F.S.; revising the provisions that a licensee must

102 comply with in seeking collection of worthless payment

103 instruments; amending s. 560.405, F.S.; providing that

104 redemption in cash or through a debit card transaction

105 shall be treated the same; prohibiting payment through

106 a credit card transaction; amending s. 560.406, F.S.;

107 requiring deferred presentment providers to comply

108 with the Fair Debt Collections Practices Act only if

109 such deferred presentment providers meet certain

110 criteria; amending s. 626.0428, F.S.; conforming a

111 provision to changes made by the act; amending s.

112 626.171, F.S.; deleting reinsurance intermediaries

113 from certain application requirements; revising the

114 list of persons from whom the department is required

115 to accept uniform applications; making clarifying

116 changes regarding the voluntary submission of cellular

117 telephone numbers; revising the exemption from the

118 application filing fee for members of the United

119 States Armed Forces; amending s. 626.292, F.S.;

120 revising applicant requirements for a license

121 transfer; amending s. 626.611, F.S.; requiring the

122 department to require license reexamination of certain

123 persons and to suspend or revoke the eligibility of

124 such persons to hold a license or appointment under

125 certain circumstances; amending the grounds for

126 suspension or revocation; amending s. 626.621, F.S.;

127 authorizing the department to require a license

128 reexamination for certain persons; amending s.

129 626.731, F.S.; revising the qualifications for a

130 general lines agent’s license; amending s. 626.785,

131 F.S.; revising the qualifications for a life agent’s

132 license; amending s. 626.831, F.S.; revising the

133 qualifications for a health agent’s license; amending

134 s. 626.8417, F.S.; revising the list of persons who

135 are exempt from certain provisions relating to title

136 insurance licensing and appointment requirements;

137 amending s. 626.854, F.S.; requiring a public

138 adjuster, public adjuster apprentice, or public

139 adjusting firm to respond to certain claims status

140 requests with specific information within a specified

141 timeframe and document in the file the response or

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

143 relating to agents exempt from title insurance

144 licensing; amending s. 633.208, F.S.; prohibiting

145 certain dwellings from being reclassified for certain

146 purposes; amending s. 648.34, F.S.; revising

147 requirements for bail bond agent applicants; amending

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

149 the appointing insurer to obtain, rather than submit,

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

151 revising a short title; amending s. 717.101, F.S.;

152 revising definitions and defining terms; amending s.

153 717.102, F.S.; providing that certain intangible

154 property is presumed abandoned; deleting a provision

155 relating to the presumption that certain intangible

156 property is presumed unclaimed; specifying the

157 dormancy period for property presumed abandoned;

158 requiring that property be considered payable or

159 distributable under certain circumstances; deleting a

160 provision relating to when property is payable or

161 distributable; revising a presumption; requiring that

162 property be presumed abandoned under certain

163 circumstances; providing an exception; amending s.

164 717.103, F.S.; requiring that intangible property be

165 subject to the custody of the department under certain

166 circumstances; revising criteria for when intangible

167 property is subject to the custody of the department;

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

169 originated or issued by this state, any political

170 subdivision of this state, or any entity incorporated,

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

172 amending ss. 717.104, 717.1045, 717.105, and 717.106,

173 F.S.; conforming provisions to changes made by the

174 act; amending s. 717.1065, F.S.; revising the

175 timeframe for communication with certain entities by

176 the owner of virtual currency so that the virtual

177 currency is not presumed unclaimed; amending ss.

178 717.107, 717.1071, 717.108, and 717.109, F.S.;

179 conforming provisions to changes made by the act;

180 amending s. 717.1101, F.S.; revising the timelines and

181 conditions under which stock, other equity interests,

182 or debt of a business association is considered

183 abandoned; requiring the holder to attempt to confirm

184 the apparent owner’s interest in the equity interest

185 by sending an e-mail communication within a specified

186 timeframe under certain circumstances; requiring the

187 holder to attempt to contact the apparent owner by

188 first-class United States mail under certain

189 circumstances; specifying that equity interest is

190 presumed abandoned under certain circumstances;

191 revising the timeframe in which unmatured, unredeemed,

192 matured, or redeemed debt is presumed abandoned;

193 specifying that the applicable dormancy period ceases

194 under certain circumstances; revising the timeframe in

195 which a sum held for or owing by a business

196 association is presumed abandoned; specifying that

197 certain equity interests are not presumed abandoned

198 under certain circumstances; requiring a holder to

199 perform annual data matching of certain records for a

200 specified purpose; specifying that the holder is

201 deemed to know the location of the apparent owner

202 under certain circumstances; prohibiting certain

203 transactions from constituting indication of apparent

204 owner interest; specifying that certain accounts may

205 be presumed abandoned under certain circumstances;

206 providing applicability; amending ss. 717.111,

207 717.112, 717.1125, 717.113, 717.115, and 717.116,

208 F.S.; conforming provisions to changes made by the

209 act; amending s. 717.117, F.S.; specifying that

210 property is presumed abandoned upon the expiration of

211 the applicable dormancy period; specifying that

212 property is not deemed abandoned for certain purposes

213 until the holder meets certain requirements; requiring

214 holders of property presumed abandoned which has a

215 specified value to use due diligence to locate and

216 notify the apparent owner; requiring, before a

217 specified timeframe, a holder in possession of

218 presumed abandoned property to send a specified

219 written notice to the apparent owner; specifying the

220 method of delivery of such notice; requiring, before a

221 specified timeframe, the holder to send a second

222 written notice under certain circumstances;

223 authorizing that the reasonable costs for the notice

224 be deducted from the property; specifying that a

225 signed return receipt constitutes an affirmative

226 demonstration of continued interest; specifying

227 requirements of the written notice; requiring holders

228 of abandoned property to submit a specified report to

229 the department; prohibiting certain balances,

230 overpayments, deposits, and refunds from being

231 reported as abandoned property; prohibiting certain

232 securities from being included in the report;

233 requiring the holder to report and deliver such

234 securities under certain circumstances; requiring that

235 the report be signed and verified and contain a

236 specified statement; deleting certain provisions

237 relating to the due diligence and notices to apparent

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

239 state’s obligation to notify apparent owners that

240 their abandoned property has been reported and

241 remitted to the department; requiring the department

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

243 notify certain apparent owners; specifying

244 requirements for the notice; requiring the department

245 to maintain a specified website; revising

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

247 provisions to changes made by the act; revising

248 requirements for firearms or ammunition found in an

249 abandoned safe-deposit box or safekeeping repository;

250 revising required actions the department must take if

251 a will or trust instrument is included among the

252 contents of an abandoned safe-deposit box or

253 safekeeping repository; amending ss. 717.1201,

254 717.122, 717.123, and 717.1235, F.S.; conforming

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

256 717.124, F.S.; conforming provisions to changes made

257 by the act; deleting provisions related to

258 requirements of claimants’ representatives; specifying

259 that a claim is withdrawn under certain circumstances;

260 specifying that the department is authorized to make a

261 distribution of property or money in accordance with a

262 specified agreement under certain circumstances;

263 requiring that shares of securities be delivered

264 directly to the claimant under certain circumstances;

265 revising a provision authorizing the department to

266 develop a process by which a claimant representative

267 may electronically submit certain images and

268 documents; deleting provisions relating to a buyer of

269 unclaimed property’s filing of a claim; amending s.

270 717.12403, F.S.; conforming provisions to changes made

271 by the act; amending s. 717.12404, F.S.; requiring

272 that claims on behalf of an active corporation include

273 a specified driver license; conforming provisions to

274 changes made by the act; amending ss. 717.12405 and

275 717.12406, F.S.; conforming provisions to changes made

276 by the act; amending s. 717.1241, F.S.; defining the

277 term “conflicting claim”; conforming provisions to

278 changes made by the act; revising requirements for

279 remitting property when conflicting claims have been

280 received by the department; amending ss. 717.1242,

281 717.1243, 717.1244, 717.1245, 717.125, 717.126,

282 717.1261, 717.1262, 717.129, 717.1301, 717.1315, and

283 717.132, F.S.; conforming provisions to changes made

284 by the act; amending s. 717.1322, F.S.; revising the

285 list of acts that constitute grounds for

286 administrative enforcement action by the department;

287 conforming provisions to changes made by the act;

288 amending ss. 717.133, 717.1333, and 717.1341, F.S.;

289 conforming provisions to changes made by the act;

290 amending s. 717.135, F.S.; conforming provisions to

291 changes made by the act; deleting applicability;

292 creating s. 717.1356, F.S.; specifying that agreements

293 for the purchase of abandoned property reported to the

294 department are valid only under certain circumstances;

295 authorizing the seller to cancel a purchase agreement

296 without penalty or obligation within a specified

297 timeframe; requiring that such agreement contain

298 certain language; requiring that a copy of an executed

299 Florida Abandoned Property Purchase Agreement be filed

300 with the purchaser’s claim; prohibiting the department

301 from approving the claim under certain circumstances;

302 specifying that certain purchase agreements are

303 enforceable only by the seller; defining the terms

304 “asset purchaser” and “large business association”;

305 requiring that claims filed by asset purchasers

306 include certain information; authorizing the asset

307 purchaser to provide a copy of a specified form in

308 lieu of certain requirements if the seller is a

309 publicly traded entity; providing applicability and

310 construction; authorizing the department to adopt

311 rules; amending s. 717.138, F.S.; conforming

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

313 717.1382, F.S.; conforming provisions to changes made

314 by the act; conforming a cross-reference; amending s.

315 717.139, F.S.; providing legislative findings;

316 revising a statement of public policy; deleting a

317 legislative declaration; providing legislative intent;

318 prohibiting title to abandoned property from

319 transferring to the state except under certain

320 circumstances; amending s. 717.1400, F.S.; requiring

321 an individual to meet certain requirements in order to

322 file claims as a claimant representative; revising

323 application requirements for registering as a claimant

324 representative; requiring claimant representatives to

325 file and obtain payment on a specified number of

326 claims within a specified timeframe to maintain active

327 registration; requiring the department to notify the

328 claimant representative in writing and provide a

329 certain timeframe to demonstrate compliance or good

330 cause for noncompliance under certain circumstances;

331 requiring the department to revoke a registration

332 under certain circumstances; prohibiting a claimant

333 representative from reapplying under certain

334 circumstances; amending ss. 1001.281 and 1001.282,

335 F.S.; conforming provisions to changes made by the

336 act; amending ss. 197.582 and 626.9541, F.S.;

337 conforming cross-references; reenacting s.

338 772.13(6)(a), F.S., relating to postjudgment execution

339 proceedings to enforce a judgment entered against a

340 terrorist party, to incorporate the amendment made to

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

342 specified rules relating to legal tender for the sole

343 and exclusive purpose of satisfying conditions on

344 effectiveness pursuant to chapter 2025-100, Laws of

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

346 Florida, which repeals specified provisions relating

347 to legal tender; providing a directive to the Division

348 of Law Revision; providing an effective date.

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

352 Section 1. Subsection (2) of section 17.11, Florida

353 Statutes, is amended to read:

354 17.11 To report disbursements made.—

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

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

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

358 disbursements which agencies made to small businesses, as

359 defined in the Florida Small and Minority Business Assistance

360 Act; to certified minority business enterprises in the

361 aggregate; and to certified minority business enterprises broken

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

363 nationality subgroups. This information shall be made available

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

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

366 Representatives. Each agency shall be responsible for the

367 accuracy of information entered into the Financial Management

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

369 this reporting.

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

371 read:

372 17.13 To replace ~~duplicate~~ warrants lost or destroyed.—

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

374 ~~duplicate~~ any Chief Financial Officer’s warrants that may have

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

376 upon the owner thereof or the owner’s agent or attorney

377 presenting the Chief Financial Officer the statement, under

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

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

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

381 Officer deems it necessary, the owner or the owner’s agent or

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

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

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

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

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

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

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

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

390 ~~duplicate~~ any Chief Financial Officer’s warrant that may have

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

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

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

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

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

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

397 lost or destroyed, the circumstances surrounding the loss or

398 destruction of such warrant, and any additional information that

399 the Chief Financial Officer shall request in regard to such

400 warrant.

401 (3) Any replacement ~~duplicate~~ Chief Financial Officer’s

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

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

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

405 Statutes, is amended to read:

406 110.113 Pay periods for state officers and employees;

407 salary payments by direct deposit.—

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

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

410 Services shall issue either monthly or biweekly salary payments

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

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

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

414 approved by the Executive Office of the Governor and the

415 Department of Financial Services.

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

417 section 112.3135, Florida Statutes, to read:

418 112.3135 Restriction on employment of relatives.—

419 (2)

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

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

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

423 appointment, employment, promotion, or advancement of, a

424 relative as a firefighter as defined in s. 633.102 if such

425 appointment, employment, promotion, or advancement is part of a

426 competitive process provided for in a collective bargaining

427 agreement.

428 Section 5. Present subsections (4) through (10) of section

429 215.5586, Florida Statutes, are redesignated as subsections (5)

430 through (11), respectively, a new subsection (4) is added to

431 that section, and paragraphs (a) through (e) of subsection (1),

432 subsections (2) and (3), paragraph (a) of present subsection

433 (8), and present subsection (10) of that section are amended, to

434 read:

435 215.5586 My Safe Florida Home Program.—There is established

436 within the Department of Financial Services the My Safe Florida

437 Home Program. The department shall provide fiscal

438 accountability, contract management, and strategic leadership

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

440 not create an entitlement for property owners or obligate the

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

442 residential property in this state. Implementation of this

443 program is subject to annual legislative appropriations. It is

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

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

446 inspectors to perform hurricane mitigation inspections of

447 eligible homes and grants to fund hurricane mitigation projects

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

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

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

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

452 available funds. If, after applications are processed and

453 approved, funds remain available, the department may accept

454 applications up to the available amount. The program shall

455 develop and implement a comprehensive and coordinated approach

456 for hurricane damage mitigation pursuant to the requirements

457 provided in this section.

458 (1) HURRICANE MITIGATION INSPECTIONS.—

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

460 a. “Attached” means a dwelling unit that shares a wall with

461 another dwelling unit.

462 b. “Detached” means a dwelling that does not share a wall

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

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

465 a garage located under a contiguous roof with a residence.

466 c. “Single-family” means a residence designed for and

467 containing only one dwelling unit.

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

469 mitigation inspection under the program if all of the following

470 conditions are met :

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

472 be a single-family , unit on an individual parcel of land which

473 is:

474 (I) A detached residential property ; or

475 (II) An attached residential property not exceeding three

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

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

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

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

480 homestead exemption on the home under chapter 196.

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

482 must contain a signed or electronically verified statement made

483 under penalty of perjury that the applicant has submitted only

484 one inspection application on the home or that the application

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

486 documents attached which demonstrate that the applicant meets

487 the requirements of paragraph (a).

488 2. An applicant may submit a subsequent hurricane

489 mitigation inspection application for the same home only if:

490 a. The original hurricane mitigation inspection application

491 has been denied or withdrawn because of material errors or

492 omissions in the application;

493 b. The original hurricane mitigation inspection application

494 was denied or withdrawn because the applicant ~~home~~ did not meet

495 the eligibility criteria for an inspection at the time of the

496 previous application, and the applicant ~~homeowner~~ reasonably

497 believes that he or she is ~~the home~~ now is eligible for an

498 inspection; or

499 c. The program’s eligibility requirements for an inspection

500 have changed since the original application date, and the

501 applicant reasonably believes that he or she ~~the home~~ is

502 eligible under the new requirements ; or

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

504 received a hurricane mitigation inspection under this section,

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

506 program for that inspection .

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

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

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

510 or applying for such grant.

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

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

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

514 available , and what improvements to existing residential

515 properties are needed to reduce the properties’ ~~property’s~~

516 vulnerability to hurricane damage. ~~An inspector may inspect a~~

517 ~~townhouse as defined in s. 481.203 to determine if opening~~

518 ~~protection mitigation as listed in subparagraph (2)(e)1. would~~

519 ~~provide improvements to mitigate hurricane damage.~~

520 (e) The department shall contract with wind certification

521 entities to provide hurricane mitigation inspections. The

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

523 minimum, must include:

524 1. A home inspection and report that summarizes the

525 inspection results and identifies recommended improvements an

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

527 damage.

528 2. A range of cost estimates regarding the recommended

529 mitigation improvements.

530 3. Information regarding estimated premium discounts,

531 correlated to the current mitigation features and the

532 recommended mitigation improvements identified by the

533 inspection.

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

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

536 by an initial inspection which increase a home’s resistance to

537 hurricane damage.

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

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

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

541 under subsection (1).

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

543 $700,000 or less. ~~Homeowners who are low-income persons, as~~

544 ~~defined in s. 420.0004(11), are exempt from this requirement.~~

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

546 mitigation inspection through the program as provided in

547 subsection (1) within the 24 months immediately preceding the

548 date of application .

549 4. The ~~building permit application for initial construction~~

550 ~~of the~~ home must have been built ~~made~~ before January 1, 2008 , as

551 reflected on the county property appraiser’s website .

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

553 home available for a final inspection once a mitigation project

554 is completed.

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

556 department information received from the applicant’s ~~homeowner’s~~

557 insurer identifying the discounts realized by the applicant

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

559 the program.

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

561 moderate-income person as defined in s. 420.0004.

562 ~~b. The hurricane mitigation inspection must have occurred~~

563 ~~within the previous 24 months from the date of application.~~

564 ~~c. Notwithstanding subparagraph 2., homeowners who are low~~

565 ~~income persons, as defined in s. 420.0004(11), are not exempt~~

566 ~~from the requirement that the home must be a dwelling with an~~

567 ~~insured value of $700,000 or less.~~

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

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

570 electronically verified statement made under penalty of perjury

571 that the applicant has submitted only one grant application or

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

573 application must have documents attached demonstrating that the

574 applicant meets the requirements of paragraph (a).

575 2. An applicant may submit a subsequent grant application

576 if:

577 a. The original grant application was denied or withdrawn

578 because the application contained errors or omissions;

579 b. The original grant application was denied or withdrawn

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

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

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

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

584 c. The program’s eligibility requirements for a grant have

585 changed since the original application date, and the applicant

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

587 under the new requirements.

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

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

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

591 acknowledges as the intended contractor for the mitigation work.

592 The program must ~~electronically~~ verify that the contractor’s

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

594 ~~grant approval~~ .

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

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

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

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

599 (d) All hurricane mitigation performed under the program

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

601 and inspections and must be performed by properly licensed

602 contractors.

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

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

605 all of the following improvements:

606 1. Opening protection improvements , including :

607 a. Exterior doors . ,

608 b. Garage doors . ,

609 c. Windows . ~~, and~~

610 d. Skylights.

611 2. Roof improvements, including:

612 a. Reinforcing roof-to-wall connections.

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

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

615 replacing the roof covering .

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

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

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

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

620 (g) The department may require that improvements be made to

621 all openings, including exterior doors, garage doors, windows,

622 and skylights, as a condition of reimbursing an applicant a

623 ~~homeowner~~ approved for a grant. The department may adopt, by

624 rule, the maximum grant allowances for any improvement allowable

625 under paragraph (e) ~~or paragraph (f)~~ .

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

627 420.0004(11), who otherwise meet the applicable requirements of

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

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

630 grant.

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

632 the most efficient means to collect and verify inspection

633 applications and grant applications to determine eligibility.

634 The department may direct hurricane mitigation inspectors to

635 collect and verify grant application information or use the

636 Internet or other electronic means to collect information and

637 determine eligibility.

638 2. The department shall prioritize the review and approval

639 of such inspection applications and grant applications in the

640 following order:

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

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

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

644 as defined in s. 420.0004;

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

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

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

648 persons, as defined in s. 420.0004; and

649 e. Last, all other applications for an inspection .

650 3. The department shall start accepting inspection

651 applications and grant applications no earlier than the

652 effective date of a legislative appropriation funding

653 inspections and grants, as follows:

654 a. Initially, from applicants prioritized under sub

655 subparagraph 2.a.;

656 b. From applicants prioritized under sub-subparagraph 2.b.,

657 beginning 15 days after the program initially starts accepting

658 applications;

659 c. From applicants prioritized under sub-subparagraph 2.c.,

660 beginning 30 days after the program initially starts accepting

661 applications;

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

663 beginning 45 days after the program initially starts accepting

664 applications; and

665 e. From all other applicants for an inspection , beginning

666 60 days after the program initially starts accepting

667 applications.

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

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

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

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

672 certification in a signed or electronically verified statement

673 made under penalty of perjury.

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

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

676 such certification in a signed or electronically verified

677 statement made under penalty of perjury.

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

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

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

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

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

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

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

685 that an applicant provide additional information. An application

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

687 does not receive a response to its request for additional

688 information within 60 days after the notification of any

689 apparent error or omission.

690 (4) ABANDONED APPLICATIONS.—The department shall notify an

691 applicant at least 5 business days before an application is

692 deemed abandoned. If the applicant responds to such notification

693 within 5 business days after receiving the notice and

694 demonstrates good cause for why the application should not be

695 deemed abandoned, the applicant may submit a subsequent grant

696 application or the department may determine the application is

697 not abandoned.

698 (9) ~~(8)~~ CONTRACT MANAGEMENT.—

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

700 grants management, inspection services, contractor services for

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

702 educational outreach, and auditing services. Such contracts are

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

704 administrative cost limits. The department shall contract with

705 providers that have a demonstrated record of successful business

706 operations in areas directly related to the services to be

707 provided and shall ensure the highest accountability for use of

708 state funds, consistent with this section.

709 (11) ~~(10)~~ REPORTS.—The department shall make an annual

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

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

712 requested, the number of inspections performed, the number of

713 grant applications received, the number and value of grants

714 approved, and the estimated average annual amount of insurance

715 premium discounts and total estimated annual amount of insurance

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

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

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

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

720 Section 6. Subsection (3) of section 215.89, Florida

721 Statutes, is amended to read:

722 215.89 Charts of account.—

723 ~~(3) REPORTING STRUCTURE.—~~

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

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

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

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

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

729 ~~consultation with affected state agencies, local governments,~~

730 ~~educational entities, entities of higher education, and the~~

731 ~~Auditor General, shall submit to the Governor, the President of~~

732 ~~the Senate, and the Speaker of the House of Representatives a~~

733 ~~report recommending a uniform charts of account which requires~~

734 ~~specific enterprise-wide information related to revenues and~~

735 ~~expenditures of state agencies, local governments, educational~~

736 ~~entities, and entities of higher education. The report must~~

737 ~~include the estimated cost of adopting and implementing a~~

738 ~~uniform enterprise-wide charts of account.~~

739 Section 7. Subsection (1) of section 215.93, Florida

740 Statutes, is amended to read:

741 215.93 Florida Financial Management Information System.—

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

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

744 Management Information System. The Florida Financial Management

745 Information System shall be fully implemented and shall be

746 upgraded as necessary to ensure the efficient operation of an

747 integrated financial management information system and to

748 provide necessary information for the effective operation of

749 state government. Upon the recommendation of the coordinating

750 council and approval of the board, the Florida Financial

751 Management Information System may require data from any state

752 agency information system or information subsystem or may

753 request data from any judicial branch information system or

754 information subsystem that the coordinating council and board

755 have determined to have statewide financial management

756 significance. Each functional owner information subsystem within

757 the Florida Financial Management Information System shall be

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

759 preplanned, and prescribed data transfers between the Florida

760 Financial Management Information System functional owner

761 information subsystems and from other information systems. The

762 principal unit of the system shall be the functional owner

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

764 not be limited to, the following:

765 (a) Planning and Budgeting Subsystem.

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

767 (b) ~~(c)~~ Financial Management Subsystem.

768 (c) ~~(d)~~ Purchasing Subsystem.

769 (d) ~~(e)~~ Personnel Information System.

770 Section 8. Subsections (2) and (3) of section 215.94,

771 Florida Statutes, are amended to read:

772 215.94 Designation, duties, and responsibilities of

773 functional owners.—

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

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

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

777 17.03, 215.86, 216.141, and 216.151 and further developed in

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

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

780 following functions:

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

782 for producing financial statements for the state in accordance

783 with generally accepted accounting principles.

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

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

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

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

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

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

790 ~~for:~~

791 (c) ~~(a)~~ Recording and reconciling credits and debits to

792 treasury fund accounts.

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

794 accounts.

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

796 (f) ~~(d)~~ Administering the provisions of the Federal Cash

797 Management Improvement Act of 1990.

798 Section 9. Subsections (2) and (3) of section 215.96,

799 Florida Statutes, are amended to read:

800 215.96 Coordinating council and design and coordination

801 staff.—

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

803 Financial Officer; the Commissioner of Agriculture; the Attorney

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

805 information officer; the executive director of the Department of

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

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

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

809 and the design and coordination staff shall provide

810 administrative and clerical support to the council and the

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

812 Minutes of each meeting must be made ~~and make such minutes~~

813 available to any interested person. The Auditor General, the

814 State Courts Administrator, a ~~an executive officer of the~~

815 ~~Florida Association of~~ state agency administrative services

816 director selected by the council ~~Directors~~ , and a ~~an executive~~

817 ~~officer of the Florida Association of~~ state budget officer

818 selected by the council ~~Officers~~ , or their designees, shall

819 serve without voting rights as ex officio members of the

820 council. The chair may call meetings of the council as often as

821 necessary to transact business; however, the council shall meet

822 at least once a year. Action of the council shall be by motion,

823 duly made, seconded and passed by a majority of the council

824 voting in the affirmative for approval of items that are to be

825 recommended for approval to the Financial Management Information

826 Board.

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

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

829 responsibilities pertaining to the Florida Financial Management

830 Information System:

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

832 that the Florida Financial Management Information System remains

833 aligned across participating entities. The coordination council

834 shall ensure that each participating entity submits an annual

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

836 shall review and discuss the workplans, identify potential

837 impacts or conflicts, facilitate resolutions when practicable,

838 and expedite unresolved issues as appropriate.

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

840 workgroups, and teams to develop recommendations for rules,

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

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

843 implement, and perpetuate a financial management information

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

845 common data codes, and the development of integrated financial

846 management policies that address the information and management

847 needs of the functional owner subsystems. The coordinating

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

849 writing or through electronic means to each of the coordinating

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

851 any interested person.

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

853 alternatives, and legislative budget request issues that will

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

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

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

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

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

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

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

861 ~~coordinating council for final action.~~

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

863 ~~information subsystems by October 1 of each year. The review~~

864 ~~shall be conducted to assess the status of the Florida Financial~~

865 ~~Management Information System and the functional owner~~

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

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

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

869 ~~information subsystems annual work plans.~~

870 Section 10. Paragraph (a) of subsection (4) of section

871 215.985, Florida Statutes, is amended to read:

872 215.985 Transparency in government spending.—

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

874 with the appropriations committees of the Senate and the House

875 of Representatives, shall establish and maintain a website that

876 provides information relating to the approved operating budget

877 for each branch of state government and state agency.

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

879 1. Disbursement data for each appropriation by the account

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

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

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

883 the payee, the date of the expenditure, the amount of the

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

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

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

887 that allows offline analysis.

888 2. For each appropriation, any adjustments, including

889 vetoes, approved supplemental appropriations included in

890 legislation other than the General Appropriations Act, budget

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

892 other adjustments authorized by law.

893 3. Status of spending authority for each appropriation in

894 the approved operating budget, including released, unreleased,

895 reserved, and disbursed balances.

896 4. Position and rate information for positions provided in

897 the General Appropriations Act or approved through an amendment

898 to the approved operating budget and position information for

899 positions established in the legislative branch.

900 5. Allotments for planned expenditures of state

901 appropriations established by state agencies in the Financial

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

903 and the current balances of such allotments.

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

905 investments, and receipts.

906 7. General revenue fund balance reports, including revenue

907 received and amounts disbursed.

908 8. Fixed capital outlay project data, including original

909 appropriation and disbursements throughout the life of the

910 project.

911 9. A 10-year history of appropriations indicated by agency.

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

913 expenditure and dispersal of state funds.

914 11. Links to program or activity descriptions for which

915 funds may be expended.

916 Section 11. Subsections (1) and (2) and paragraph (f) of

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

918 to read:

919 216.102 Filing of financial information; handling by Chief

920 Financial Officer; penalty for noncompliance.—

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

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

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

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

925 Officer shall prepare, using generally accepted accounting

926 principles, and file with the Chief Financial Officer the

927 financial and other information necessary for the preparation of

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

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

930 prepare financial statements showing the financial position and

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

932 internal management purposes.

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

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

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

936 access to federal funds by the administering agencies or the

937 judicial branch may not be authorized until:

938 1. The deposit has been recorded in the Financial

939 Management ~~Florida Accounting Information Resource~~ Subsystem

940 using proper, consistent codes that designate deposits as

941 federal funds.

942 2. The deposit and appropriate recording required by this

943 paragraph have been verified by the office of the Chief

944 Financial Officer.

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

946 policy detailing the requirements for recording receipt and

947 disbursement of federal funds into the Financial Management

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

949 technical assistance to the agencies and the judicial branch to

950 implement the policy.

951 (2) Financial information must be contained within the

952 Financial Management ~~Florida Accounting Information Resource~~

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

954 format prescribed by the Chief Financial Officer.

955 (a) Each component unit shall file financial information

956 and other information necessary for the preparation of annual

957 financial statements with the agency or branch designated by the

958 Chief Financial Officer by the date specified by the Chief

959 Financial Officer.

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

961 Financial Officer to receive financial information and other

962 information from component units shall include the financial

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

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

965 units’ other information in its submission to the Chief

966 Financial Officer.

967 (3) The Chief Financial Officer shall:

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

969 Office of the Governor on changes to the Financial Management

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

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

972 consistency of information entered into the Federal Aid Tracking

973 System by state executive and judicial branch entities. While

974 efforts shall be made to ensure the compatibility of the

975 Financial Management ~~Florida Accounting Information Resource~~

976 Subsystem and the Federal Aid Tracking System, any successive

977 systems serving identical or similar functions shall preserve

978 such compatibility.

980 The Chief Financial Officer may furnish and publish in

981 electronic form the financial statements and the annual

982 comprehensive financial report required under paragraphs (a),

983 (b), and (c).

984 Section 12. Subsection (3) of section 216.141, Florida

985 Statutes, is amended to read:

986 216.141 Budget system procedures; planning and programming

987 by state agencies.—

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

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

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

991 215.94(2) for account purposes in the performance of and

992 accounting for all of his or her constitutional and statutory

993 duties and responsibilities. However, state agencies and the

994 judicial branch continue to be responsible for maintaining

995 accounting records necessary for effective management of their

996 programs and functions.

997 Section 13. Paragraphs (a) and (b) of subsection (7) and

998 paragraph (j) of subsection (12) of section 440.13, Florida

999 Statutes, are amended to read:

1000 440.13 Medical services and supplies; penalty for

1001 violations; limitations.—

1002 (7) UTILIZATION AND REIMBURSEMENT DISPUTES.—

1003 (a) Any health care provider who elects to contest the

1004 disallowance or adjustment of payment by a carrier under

1005 subsection (6) must, within 60 45 days after receipt of notice

1006 of disallowance or adjustment of payment, petition the

1007 department to resolve the dispute. The petitioner must serve , by

1008 United States Postal Service certified mail or by a common

1009 carrier with verifiable tracking methods, a copy of the petition

1010 on the carrier and on all affected parties listed on the notice

1011 of disallowance or adjustment ~~by certified mail~~ . The petition

1012 must be accompanied by all documents and records that support

1013 the allegations contained in the petition. Failure of a

1014 petitioner to submit such documentation to the department

1015 results in dismissal of the petition.

1016 (b) The carrier must submit to the department within 45 30

1017 days after receipt of the petition all documentation

1018 substantiating the carrier’s disallowance or adjustment. Failure

1019 of the carrier to timely submit such documentation to the

1020 department within 45 30 days constitutes a waiver of all

1021 objections to the petition.

1022 (12) CREATION OF THREE-MEMBER PANEL; GUIDES OF MAXIMUM

1023 REIMBURSEMENT ALLOWANCES.—

1024 (j) In addition to establishing the uniform schedule of

1025 maximum reimbursement allowances, the panel shall:

1026 1. Take testimony, receive records, and collect data to

1027 evaluate the adequacy of the workers’ compensation fee schedule,

1028 nationally recognized fee schedules and alternative methods of

1029 reimbursement to health care providers and health care

1030 facilities for inpatient and outpatient treatment and care.

1031 2. Survey health care providers and health care facilities

1032 to determine the availability and accessibility of workers’

1033 compensation health care delivery systems for injured workers.

1034 3. Survey carriers to determine the estimated impact on

1035 carrier costs and workers’ compensation premium rates by

1036 implementing changes to the carrier reimbursement schedule or

1037 implementing alternative reimbursement methods.

1038 4. Submit recommendations on or before January 15, 2031

1039 ~~2017~~ , and every 5 years ~~biennially~~ thereafter, to the President

1040 of the Senate and the Speaker of the House of Representatives on

1041 methods to improve the workers’ compensation health care

1042 delivery system.

1044 The department, as requested, shall provide data to the panel,

1045 including, but not limited to, utilization trends in the

1046 workers’ compensation health care delivery system. The

1047 department shall provide the panel with an annual report

1048 regarding the resolution of medical reimbursement disputes and

1049 any actions pursuant to subsection (8). The department shall

1050 provide administrative support and service to the panel to the

1051 extent requested by the panel. The department may adopt rules

1052 pursuant to ss. 120.536(1) and 120.54 to implement this

1053 subsection. For prescription medication purchased under the

1054 requirements of this subsection, a dispensing practitioner shall

1055 not possess such medication unless payment has been made by the

1056 practitioner, the practitioner’s professional practice, or the

1057 practitioner’s practice management company or employer to the

1058 supplying manufacturer, wholesaler, distributor, or drug

1059 repackager within 60 days of the dispensing practitioner taking

1060 possession of that medication.

1061 Section 14. Section 497.1411, Florida Statutes, is created

1062 to read:

1063 497.1411 Disqualification of applicants and licenses;

1064 penalties against licensees; rulemaking.—

1065 (1) For purposes of this section, the term “applicant”

1066 means an individual applying for licensure or relicensure under

1067 this chapter, or an officer, a director, a majority owner, a

1068 partner, a manager, or other person who manages or controls an

1069 entity applying for licensure or relicensure under this chapter.

1070 (2) An applicant who has been found guilty of or has

1071 pleaded guilty or nolo contendere to any of the following

1072 offenses, regardless of adjudication, is permanently barred from

1073 licensure under this chapter:

1074 (a) A felony of the first degree.

1075 (b) A felony involving conduct prohibited under chapter

1076 497, chapter 787, chapter 794, chapter 796, chapter 800, chapter

1077 825, chapter 827, or chapter 847.

1078 (c) A felony involving moral turpitude.

1079 (3) An applicant who has been found guilty of, or has

1080 entered a plea of guilty or nolo contendere to an offense not

1081 subject to the permanent bar under subsection (2), regardless of

1082 adjudication, is subject to the following disqualifying periods:

1083 (a) A 10-year disqualifying period for any felony to which

1084 the permanent bar in subsection (2) does not apply.

1085 Notwithstanding subsection (4), an applicant who has completed

1086 at least one-half of the disqualifying period may apply for a

1087 probationary license for the remainder of the disqualifying

1088 period if, during that time, the applicant has not been found

1089 guilty of, or has not entered a plea of guilty or nolo

1090 contendere to, any offense.

1091 (b) A 5-year disqualifying period for all misdemeanors

1092 directly related to chapter 497.

1093 (4) The board shall adopt rules to administer this section.

1094 Such rules must provide additional disqualifying periods for

1095 applicants who have committed multiple criminal offenses and may

1096 provide additional factors for disqualification reasonably

1097 related to the applicant’s criminal history. The rules must also

1098 establish mitigating and aggravating factors. However,

1099 mitigation may not reduce any disqualifying period to less than

1100 5 years and may not be applied to reduce the 5-year

1101 disqualifying period provided in paragraph (3)(b).

1102 (5) For purposes of this section, a disqualifying period

1103 begins upon the applicant’s final release from supervision or

1104 upon completion of the applicant’s criminal sentence. The board

1105 may not approve issuance of a license to an applicant until the

1106 applicant provides proof that all related fines, court costs,

1107 fees, and court-ordered restitution have been paid.

1108 (6) After the disqualifying period has expired, the burden

1109 is on the applicant to demonstrate to the board that he or she

1110 has been rehabilitated, does not pose a risk to the public, is

1111 fit and trustworthy to engage in business regulated by this

1112 chapter, and is otherwise qualified for licensure.

1113 (7) Notwithstanding subsections (2) and (3), an applicant

1114 who has been found guilty of, or has pleaded guilty or nolo

1115 contendere to, a crime in subsection (2) or subsection (3), and

1116 who has subsequently been granted a pardon or the restoration of

1117 civil rights pursuant to chapter 940 and s. 8, Art. IV of the

1118 State Constitution, or a pardon or the restoration of civil

1119 rights under the laws of another jurisdiction with respect to a

1120 conviction in that jurisdiction, is not barred or disqualified

1121 from licensure under this chapter; however, such a pardon or

1122 restoration of civil rights does not require the board to award

1123 such license.

1124 (8)(a) The board may grant an exemption from

1125 disqualification to any person disqualified from licensure under

1126 subsection (3) if:

1127 1. The applicant has paid in full any fee, fine, fund,

1128 lien, civil judgment, restitution, or cost of prosecution

1129 imposed by the court as part of the judgment and sentence for

1130 any disqualifying offense; and

1131 2. At least 2 years have elapsed since the applicant

1132 completed or has been lawfully released from confinement,

1133 supervision, or any nonmonetary condition imposed by the court

1134 for a disqualifying offense.

1135 (b) For the board to grant an exemption under this

1136 subsection, the applicant must clearly and convincingly

1137 demonstrate that he or she would not pose a risk to persons or

1138 property if licensed under this chapter, evidence of which must

1139 include, but need not be limited to, facts and circumstances

1140 surrounding the disqualifying offense, the time that has elapsed

1141 since the offense, the nature of the offense and harm caused to

1142 the victim, the applicant’s history before and after the

1143 offense, and any other evidence or circumstances indicating that

1144 the applicant will not present a danger if licensed or

1145 certified.

1146 (c) The board has discretion whether to grant or deny an

1147 exemption under this subsection. The board’s decision is subject

1148 to chapter 120.

1149 (9) The disqualification periods provided in this section

1150 do not apply to the renewal of a license or to a new application

1151 for licensure if the applicant has an active license as of July

1152 1, 2026, and the applicable criminal history was considered by

1153 the board on the prior approval of any active license held by

1154 the applicant. This section does not affect any criminal history

1155 disclosure requirements of this chapter.

1156 Section 15. Subsection (9) and paragraph (c) of subsection

1157 (10) of section 497.142, Florida Statutes, are amended to read:

1158 497.142 Licensing; fingerprinting and criminal background

1159 checks.—

1160 (9) If any applicant under this chapter has been ~~, within~~

1161 ~~the 10 years preceding the application under this chapter,~~

1162 convicted or found guilty of, or entered a plea of nolo

1163 contendere to, regardless of adjudication, any crime in any

1164 jurisdiction, the application may ~~shall~~ not be deemed complete

1165 until such time as the applicant provides such certified true

1166 copies of the court records evidencing the conviction, finding,

1167 or plea, as required in this section or as the licensing

1168 authority may by rule require.

1169 (10)

1170 (c) Crimes to be disclosed are:

1171 1. Any felony ~~or misdemeanor,~~ no matter when committed ,

1172 ~~that was directly or indirectly related to or involving any~~

1173 ~~aspect of the practice or business of funeral directing,~~

1174 ~~embalming, direct disposition, cremation, funeral or cemetery~~

1175 ~~preneed sales, funeral establishment operations, cemetery~~

1176 ~~operations, or cemetery monument or marker sales or~~

1177 ~~installation~~ .

1178 2. Any misdemeanor, no matter when committed, that was

1179 directly related to the practice or activities regulated ~~Any~~

1180 ~~other felony not already disclosed under subparagraph 1. that~~

1181 ~~was committed within the 20 years immediately preceding the~~

1182 ~~application~~ under this chapter.

1183 3. Any other misdemeanor not already disclosed under

1184 subparagraph 2. which ~~subparagraph 1. that~~ was committed within

1185 the 5 years immediately preceding the application under this

1186 chapter.

1187 Section 16. Subsection (11) is added to section 553.80,

1188 Florida Statutes, to read:

1189 553.80 Enforcement.—

1190 (11) For purposes of the design, construction, erection,

1191 alteration, fire protection, fire suppression, modification,

1192 repair, and demolition of a single-family or two-family

1193 dwelling, such dwelling does not have a change of occupancy as

1194 defined in the Florida Building Code solely due to its being

1195 used as or converted into a dwelling used:

1196 (a) By a tax-exempt charitable organization under s.

1197 501(c)(3) of the Internal Revenue Code whose stated corporate

1198 purpose relates to the support of people who are living with a

1199 mental health disorder, provided the dwelling has no fewer than

1200 two and no more than four bedrooms, is occupied by a group of or

1201 family of no more than six ambulatory adults living with a

1202 mental disorder, and has no more than two adults assigned to any

1203 bedroom; or

1204 (b) For residential migrant housing as defined in s.

1205 381.008(8) which has a permit from the Department of Health

1206 pursuant to s. 381.0081.

1207 Section 17. Subsection (10) of section 560.309, Florida

1208 Statutes, is amended to read:

1209 560.309 Conduct of business.—

1210 (10) If a check is returned to a licensee from a payor

1211 financial institution due to lack of funds, a closed account, or

1212 a stop-payment order, the licensee may seek collection pursuant

1213 to s. 68.065. In seeking collection, the licensee must comply

1214 with the prohibitions against harassment or abuse, false or

1215 misleading representations, and unfair practices in the Florida

1216 Consumer Collection Practices Act under part VI of chapter 559,

1217 including s. 559.77. The licensee must also comply with the Fair

1218 Debt Collections Practices Act, 15 U.S.C. ss. 1692d, 1692e, and

1219 1692f if the licensee uses a third-party debt collector or any

1220 name other than its own to collect such debts . A violation of

1221 this subsection is a deceptive and unfair trade practice and

1222 constitutes a violation of the Deceptive and Unfair Trade

1223 Practices Act under part II of chapter 501. ~~In addition, a~~

1224 ~~licensee must comply with the applicable provisions of the~~

1225 ~~Consumer Collection Practices Act under part VI of chapter 559,~~

1226 ~~including s. 559.77.~~

1227 Section 18. Subsection (3) of section 560.405, Florida

1228 Statutes, is amended to read:

1229 560.405 Deposit; redemption.—

1230 (3) Notwithstanding subsection (1), in lieu of presentment,

1231 a deferred presentment provider may allow the check to be

1232 redeemed at any time upon payment of the outstanding transaction

1233 balance and earned fees. Redemption in cash or through a debit

1234 card transaction must be treated the same. However, payment may

1235 not be made in the form of a personal check or through a credit

1236 card transaction . Upon redemption, the deferred presentment

1237 provider must return the drawer’s check and provide a signed,

1238 dated receipt showing that the drawer’s check has been redeemed.

1239 Section 19. Subsection (2) of section 560.406, Florida

1240 Statutes, is amended to read:

1241 560.406 Worthless checks.—

1242 (2) If a check is returned to a deferred presentment

1243 provider from a payor financial institution due to insufficient

1244 funds, a closed account, or a stop-payment order, the deferred

1245 presentment provider may pursue all legally available civil

1246 remedies to collect the check, including, but not limited to,

1247 the imposition of all charges imposed on the deferred

1248 presentment provider by the financial institution. In its

1249 collection practices, a deferred presentment provider must

1250 comply with the prohibitions against harassment or abuse, false

1251 or misleading representations, and unfair practices that are

1252 contained in the Florida Consumer Collection Practices Act under

1253 part VI of chapter 559, including s. 559.77. A deferred

1254 presentment provider must also comply with the Fair Debt

1255 Collections Practices Act, 15 U.S.C. ss. 1692d, 1692e, and 1692f

1256 if the deferred presentment provider uses a third-party debt

1257 collector or any name other than its own to collect such debts .

1258 A violation of this act is a deceptive and unfair trade practice

1259 and constitutes a violation of the Deceptive and Unfair Trade

1260 Practices Act under part II of chapter 501. ~~In addition, a~~

1261 ~~deferred presentment provider must comply with the applicable~~

1262 ~~provisions of the Consumer Collection Practices Act under part~~

1263 ~~VI of chapter 559, including s. 559.77.~~

1264 Section 20. Subsection (3) of section 626.0428, Florida

1265 Statutes, is amended to read:

1266 626.0428 Agency personnel powers, duties, and limitations.—

1267 (3) An employee or an authorized representative located at

1268 a designated branch of an agent or agency may not initiate

1269 contact with any person for the purpose of soliciting insurance

1270 unless licensed and appointed as an agent or customer

1271 representative. As to title insurance, an employee of an agent

1272 or agency may not initiate contact with any individual proposed

1273 insured for the purpose of soliciting title insurance unless

1274 licensed as a title insurance agent or exempt from such

1275 licensure pursuant to s. 626.8417(4) ~~and (5)~~ .

1276 Section 21. Section 626.171, Florida Statutes, is amended

1277 to read:

1278 626.171 Application for license as an agent, customer

1279 representative, adjuster, or service representative ~~, or~~

1280 ~~reinsurance intermediary~~ .—

1281 (1) The department may not issue a license as agent,

1282 customer representative, adjuster, or service representative ~~, or~~

1283 ~~reinsurance intermediary~~ to any person except upon written

1284 application filed with the department, meeting the

1285 qualifications for the license applied for as determined by the

1286 department, and payment in advance of all applicable fees. The

1287 application must be made under the oath of the applicant and be

1288 signed by the applicant. An applicant may permit a third party

1289 to complete, submit, and sign an application on the applicant’s

1290 behalf, but is responsible for ensuring that the information on

1291 the application is true and correct and is accountable for any

1292 misstatements or misrepresentations. The department shall accept

1293 the uniform application for resident and nonresident agent and

1294 adjuster licensing. The department may adopt revised versions of

1295 the uniform application by rule.

1296 (2) In the application, the applicant must include all of

1297 the following ~~shall set forth~~ :

1298 (a) The applicant’s ~~His or her~~ full name, age, social

1299 security number, residence address, business address, mailing

1300 address, contact telephone numbers, including a business

1301 telephone number, and e-mail address.

1302 (b) A statement indicating the method the applicant used or

1303 is using to meet any required prelicensing education, knowledge,

1304 experience, or instructional requirements for the type of

1305 license applied for.

1306 (c) Whether the applicant ~~he or she~~ has been refused or has

1307 voluntarily surrendered or has had suspended or revoked a

1308 license to solicit insurance by the department or by the

1309 supervising officials of any state.

1310 (d) Whether any insurer or any managing general agent

1311 claims the applicant is indebted under any agency contract or

1312 otherwise and, if so, the name of the claimant, the nature of

1313 the claim, and the applicant’s defense thereto, if any.

1314 (e) Proof that the applicant meets the requirements for the

1315 type of license for which he or she is applying.

1316 (f) The applicant’s gender (male or female).

1317 (g) The applicant’s native language.

1318 (h) The highest level of education achieved by the

1319 applicant.

1320 (i) The applicant’s race or ethnicity (African American,

1321 white, American Indian, Asian, Hispanic, or other).

1322 (j) Such other or additional information as the department

1323 may deem proper to enable it to determine the character,

1324 experience, ability, and other qualifications of the applicant

1325 to hold himself or herself out to the public as an insurance

1326 representative.

1328 However, the application must contain a statement that an

1329 applicant is not required to disclose his or her race or

1330 ethnicity, gender, or native language, that he or she will not

1331 be penalized for not doing so, and that the department will use

1332 this information exclusively for research and statistical

1333 purposes and to improve the quality and fairness of the

1334 examinations. The department may ~~shall~~ make provisions for

1335 applicants to voluntarily submit their cellular telephone

1336 numbers as part of the application process solely ~~on a voluntary~~

1337 ~~basis only~~ for the purpose of two-factor authentication of

1338 secure login credentials ~~only~~ .

1339 (3) Each application must be accompanied by payment of any

1340 applicable fee.

1341 (4) An applicant for a license issued by the department

1342 under this chapter must submit a set of the individual

1343 applicant’s fingerprints, or, if the applicant is not an

1344 individual, a set of the fingerprints of the sole proprietor,

1345 majority owner, partners, officers, and directors, to the

1346 department and must pay the fingerprint processing fee set forth

1347 in s. 624.501. Fingerprints must be processed in accordance with

1348 s. 624.34 and used to investigate the applicant’s qualifications

1349 pursuant to s. 626.201. The fingerprints must be taken by a law

1350 enforcement agency or other department-approved entity. The

1351 department may not approve an application for licensure as an

1352 agent, customer ~~service~~ representative, adjuster, or service

1353 representative ~~, or reinsurance intermediary~~ if fingerprints have

1354 not been submitted.

1355 (5) The application for license filing fee prescribed in s.

1356 624.501 is not subject to refund.

1357 (6) Members of the United States Armed Forces and their

1358 spouses, and veterans of the United States Armed Forces who have

1359 separated from service ~~within 24 months~~ before application for

1360 licensure, are exempt from the application filing fee prescribed

1361 in s. 624.501. Qualified individuals must provide a copy of a

1362 military identification card, military dependent identification

1363 card, military service record, military personnel file, veteran

1364 record, discharge paper or separation document that indicates

1365 such members are currently in good standing or such veterans

1366 were honorably discharged.

1367 (7) Pursuant to the federal Personal Responsibility and

1368 Work Opportunity Reconciliation Act of 1996, each party is

1369 required to provide his or her social security number in

1370 accordance with this section. Disclosure of social security

1371 numbers obtained through this requirement must be limited to the

1372 purpose of administration of the Title IV-D program for child

1373 support enforcement.

1374 Section 22. Paragraph (c) of subsection (2) of section

1375 626.292, Florida Statutes, is amended to read:

1376 626.292 Transfer of license from another state.—

1377 (2) To qualify for a license transfer, an individual

1378 applicant must meet the following requirements:

1379 (c) The individual must submit a completed application for

1380 this state which is received by the department within 90 days

1381 after the date the individual became a resident of this state,

1382 along with payment of the applicable fees set forth in s.

1383 624.501 and submission of the following documents:

1384 1. A certification issued by the appropriate official of

1385 the applicant’s home state identifying the type of license and

1386 lines of authority under the license and stating that ~~, at the~~

1387 ~~time the license from the home state was canceled,~~ the applicant

1388 was in good standing in that state or that the state’s Producer

1389 Database records, maintained by the National Association of

1390 Insurance Commissioners, its affiliates, or subsidiaries,

1391 indicate that the agent or all-lines adjuster is or was licensed

1392 in good standing for the line of authority requested. An

1393 applicant may hold a resident license in another state for 30

1394 days after the Florida resident license has been issued to

1395 facilitate the transfer of licensure between states.

1396 2. A set of the applicant’s fingerprints in accordance with

1397 s. 626.171(4).

1398 Section 23. Subsection (1) of section 626.611, Florida

1399 Statutes, is amended to read:

1400 626.611 Grounds for compulsory refusal, suspension, or

1401 revocation of agent’s, title agency’s, adjuster’s, customer

1402 representative’s, service representative’s, or managing general

1403 agent’s license or appointment.—

1404 (1) The department shall require license reexamination,

1405 deny an application for, suspend, revoke, or refuse to renew or

1406 continue the license or appointment of any applicant, agent,

1407 title agency, adjuster, customer representative, service

1408 representative, or managing general agent, and it shall suspend

1409 or revoke the eligibility to hold a license or appointment of

1410 any such person, if it finds that as to the applicant, licensee,

1411 or appointee any one or more of the following applicable grounds

1412 exist:

1413 (a) Lack of one or more of the qualifications for the

1414 license or appointment as specified in this code.

1415 (b) Material misstatement, misrepresentation, or fraud in

1416 obtaining the license or appointment or in attempting to obtain

1417 the license or appointment.

1418 (c) Failure to pass to the satisfaction of the department

1419 any examination required under this code , including cheating on

1420 an examination required for licensure or violating test center

1421 or examination procedures delivered orally, in writing, or

1422 electronically at the test site by authorized representatives of

1423 the examination program administrator .

1424 (d) If the license or appointment is willfully used, or to

1425 be used, to circumvent any of the requirements or prohibitions

1426 of this code.

1427 (e) Willful misrepresentation of any insurance policy or

1428 annuity contract or willful deception with regard to any such

1429 policy or contract, done either in person or by any form of

1430 dissemination of information or advertising.

1431 (f) If, as an adjuster, or agent licensed and appointed to

1432 adjust claims under this code, he or she has materially

1433 misrepresented to an insured or other interested party the terms

1434 and coverage of an insurance contract with intent and for the

1435 purpose of effecting settlement of claim for loss or damage or

1436 benefit under such contract on less favorable terms than those

1437 provided in and contemplated by the contract.

1438 (g) Demonstrated lack of fitness or trustworthiness to

1439 engage in the business of insurance.

1440 (h) Demonstrated lack of reasonably adequate knowledge and

1441 technical competence to engage in the transactions authorized by

1442 the license or appointment.

1443 (i) Fraudulent or dishonest practices in the conduct of

1444 business under the license or appointment.

1445 (j) Misappropriation, conversion, or unlawful withholding

1446 of moneys belonging to insurers or insureds or beneficiaries or

1447 to others and received in conduct of business under the license

1448 or appointment.

1449 (k) Unlawfully rebating, attempting to unlawfully rebate,

1450 or unlawfully dividing or offering to divide his or her

1451 commission with another.

1452 (l) Having obtained or attempted to obtain, or having used

1453 or using, a license or appointment as agent or customer

1454 representative for the purpose of soliciting or handling

1455 “controlled business” as defined in s. 626.730 with respect to

1456 general lines agents, s. 626.784 with respect to life agents,

1457 and s. 626.830 with respect to health agents.

1458 (m) Willful failure to comply with, or willful violation

1459 of, any proper order or rule of the department or willful

1460 violation of any provision of this code.

1461 (n) Having been found guilty of or having pleaded guilty or

1462 nolo contendere to a misdemeanor directly related to the

1463 financial services business, any felony, or any crime punishable

1464 by imprisonment of 1 year or more under the law of the United

1465 States of America or of any state thereof or under the law of

1466 any other country, without regard to whether a judgment of

1467 conviction has been entered by the court having jurisdiction of

1468 such cases.

1469 (o) Fraudulent or dishonest practice in submitting or

1470 aiding or abetting any person in the submission of an

1471 application for workers’ compensation coverage under chapter 440

1472 containing false or misleading information as to employee

1473 payroll or classification for the purpose of avoiding or

1474 reducing the amount of premium due for such coverage.

1475 (p) Sale of an unregistered security that was required to

1476 be registered, pursuant to chapter 517.

1477 (q) In transactions related to viatical settlement

1478 contracts as defined in s. 626.9911:

1479 1. Commission of a fraudulent or dishonest act.

1480 2. No longer meeting the requirements for initial

1481 licensure.

1482 3. Having received a fee, commission, or other valuable

1483 consideration for his or her services with respect to viatical

1484 settlements that involved unlicensed viatical settlement

1485 providers or persons who offered or attempted to negotiate on

1486 behalf of another person a viatical settlement contract as

1487 defined in s. 626.9911 and who were not licensed life agents.

1488 4. Dealing in bad faith with viators.

1489 Section 24. Section 626.621, Florida Statutes, is amended

1490 to read:

1491 626.621 Grounds for discretionary refusal, suspension, or

1492 revocation of agent’s, adjuster’s, customer representative’s,

1493 service representative’s, or managing general agent’s license or

1494 appointment.—The department may, in its discretion, require a

1495 license reexamination, deny an application for, suspend, revoke,

1496 or refuse to renew or continue the license or appointment of any

1497 applicant, agent, adjuster, customer representative, service

1498 representative, or managing general agent, and it may suspend or

1499 revoke the eligibility to hold a license or appointment of any

1500 such person, if it finds that as to the applicant, licensee, or

1501 appointee any one or more of the following applicable grounds

1502 exist under circumstances for which such denial, suspension,

1503 revocation, or refusal is not mandatory under s. 626.611:

1504 (1) Any cause for which issuance of the license or

1505 appointment could have been refused had it then existed and been

1506 known to the department.

1507 (2) Violation of any provision of this code or of any other

1508 law applicable to the business of insurance in the course of

1509 dealing under the license or appointment.

1510 (3) Violation of any lawful order or rule of the

1511 department, commission, or office.

1512 (4) Failure or refusal, upon demand, to pay over to any

1513 insurer he or she represents or has represented any money coming

1514 into his or her hands belonging to the insurer.

1515 (5) Violation of the provision against twisting, as defined

1516 in s. 626.9541(1)(l).

1517 (6) In the conduct of business under the license or

1518 appointment, engaging in unfair methods of competition or in

1519 unfair or deceptive acts or practices, as prohibited under part

1520 IX of this chapter, or having otherwise shown himself or herself

1521 to be a source of injury or loss to the public.

1522 (7) Willful overinsurance of any property or health

1523 insurance risk.

1524 (8) If a life agent, violation of the code of ethics.

1525 (9) Cheating on an examination required for licensure or

1526 violating test center or examination procedures published

1527 orally, in writing, or electronically at the test site by

1528 authorized representatives of the examination program

1529 administrator. Communication of test center and examination

1530 procedures must be clearly established and documented.

1531 (10) Failure to inform the department in writing within 30

1532 days after pleading guilty or nolo contendere to, or being

1533 convicted or found guilty of, any felony or a crime punishable

1534 by imprisonment of 1 year or more under the law of the United

1535 States or of any state thereof, or under the law of any other

1536 country without regard to whether a judgment of conviction has

1537 been entered by the court having jurisdiction of the case.

1538 (11) Knowingly aiding, assisting, procuring, advising, or

1539 abetting any person in the violation of or to violate a

1540 provision of the insurance code or any order or rule of the

1541 department, commission, or office.

1542 (12) Has been the subject of or has had a license, permit,

1543 appointment, registration, or other authority to conduct

1544 business subject to any decision, finding, injunction,

1545 suspension, prohibition, revocation, denial, judgment, final

1546 agency action, or administrative order by any court of competent

1547 jurisdiction, administrative law proceeding, state agency,

1548 federal agency, national securities, commodities, or option

1549 exchange, or national securities, commodities, or option

1550 association involving a violation of any federal or state

1551 securities or commodities law or any rule or regulation adopted

1552 thereunder, or a violation of any rule or regulation of any

1553 national securities, commodities, or options exchange or

1554 national securities, commodities, or options association.

1555 (13) Failure to comply with any civil, criminal, or

1556 administrative action taken by the child support enforcement

1557 program under Title IV-D of the Social Security Act, 42 U.S.C.

1558 ss. 651 et seq., to determine paternity or to establish, modify,

1559 enforce, or collect support.

1560 (14) Directly or indirectly accepting any compensation,

1561 inducement, or reward from an inspector for the referral of the

1562 owner of the inspected property to the inspector or inspection

1563 company. This prohibition applies to an inspection intended for

1564 submission to an insurer in order to obtain property insurance

1565 coverage or establish the applicable property insurance premium.

1566 (15) Denial, suspension, or revocation of, or any other

1567 adverse administrative action against, a license to practice or

1568 conduct any regulated profession, business, or vocation by this

1569 state, any other state, any nation, any possession or district

1570 of the United States, any court, or any lawful agency thereof.

1571 (16) Taking an action that allows the personal financial or

1572 medical information of a consumer or customer to be made

1573 available or accessible to the general public, regardless of the

1574 format in which the record is stored.

1575 (17) Initiating in-person or telephone solicitation after 9

1576 p.m. or before 8 a.m. local time of the prospective customer

1577 unless requested by the prospective customer.

1578 (18) Cancellation of the applicant’s, licensee’s, or

1579 appointee’s resident license in a state other than Florida.

1580 Section 25. Subsection (1) of section 626.731, Florida

1581 Statutes, is amended to read:

1582 626.731 Qualifications for general lines agent’s license.—

1583 (1) The department may ~~shall~~ not grant or issue a license

1584 as general lines agent to any individual found by it to be

1585 untrustworthy or incompetent or who does not meet ~~each~~ all of

1586 the following qualifications:

1587 (a) The applicant is a natural person at least 18 years of

1588 age.

1589 (b) The applicant is a United States citizen or legal alien

1590 who possesses work authorization from the United States Bureau

1591 of Citizenship and Immigration Services and is a bona fide

1592 resident of this state. ~~An individual who is a bona fide~~

1593 ~~resident of this state shall be deemed to meet the residence~~

1594 ~~requirement of this paragraph, notwithstanding the existence at~~

1595 ~~the time of application for license of a license in his or her~~

1596 ~~name on the records of another state as a resident licensee of~~

1597 ~~such other state, if the applicant furnishes a letter of~~

1598 ~~clearance satisfactory to the department that the resident~~

1599 ~~licenses have been canceled or changed to a nonresident basis~~

1600 ~~and that he or she is in good standing.~~

1601 (c) The applicant’s place of business will be located in

1602 this state and he or she will be actively engaged in the

1603 business of insurance and will maintain a place of business, the

1604 location of which is identifiable by and accessible to the

1605 public.

1606 (d) The license is not being sought for the purpose of

1607 writing or handling controlled business, in violation of s.

1608 626.730.

1609 (e) The applicant is qualified as to knowledge, experience,

1610 or instruction in the business of insurance and meets the

1611 requirements provided in s. 626.732.

1612 (f) The applicant has passed any required examination for

1613 license required under s. 626.221.

1614 Section 26. Subsection (2) of section 626.785, Florida

1615 Statutes, is amended to read:

1616 626.785 Qualifications for license.—

1617 ~~(2) An individual who is a bona fide resident of this state~~

1618 ~~shall be deemed to meet the residence requirement of paragraph~~

1619 ~~(1)(b), notwithstanding the existence at the time of application~~

1620 ~~for license of a license in his or her name on the records of~~

1621 ~~another state as a resident licensee of such other state, if the~~

1622 ~~applicant furnishes a letter of clearance satisfactory to the~~

1623 ~~department that the resident licenses have been canceled or~~

1624 ~~changed to a nonresident basis and that he or she is in good~~

1625 ~~standing.~~

1626 Section 27. Section 626.831, Florida Statutes, is amended

1627 to read:

1628 626.831 Qualifications for license.—

1629 ~~(1)~~ The department may ~~shall~~ not grant or issue a license

1630 as health agent as to any individual found by it to be

1631 untrustworthy or incompetent, or who does not meet all of the

1632 following qualifications:

1633 (1) ~~(a)~~ Is ~~Must be~~ a natural person of at least 18 years of

1634 age.

1635 (2) ~~(b)~~ Is ~~Must be~~ a United States citizen or legal alien

1636 who possesses work authorization from the United States Bureau

1637 of Citizenship and Immigration Services and is a bona fide

1638 resident of this state.

1639 (3) ~~(c)~~ Is ~~Must~~ not be an employee of the United States

1640 Department of Veterans Affairs or state service office, as

1641 referred to in s. 626.833.

1642 (4) ~~(d)~~ Has taken ~~Must take~~ and passed ~~pass~~ any examination

1643 for license required under s. 626.221.

1644 (5) ~~(e)~~ Is ~~Must be~~ qualified as to knowledge, experience, or

1645 instruction in the business of insurance and meets ~~meet~~ the

1646 requirements relative thereto provided in s. 626.8311.

1647 ~~(2) An individual who is a bona fide resident of this state~~

1648 ~~shall be deemed to meet the residence requirement of paragraph~~

1649 ~~(1)(b), notwithstanding the existence at the time of application~~

1650 ~~for license of a license in his or her name on the records of~~

1651 ~~another state as a resident licensee of such other state, if the~~

1652 ~~applicant furnishes a letter of clearance satisfactory to the~~

1653 ~~department that the resident licenses have been canceled or~~

1654 ~~changed to a nonresident basis and that he or she is in good~~

1655 ~~standing.~~

1656 Section 28. Subsections (4) and (5) of section 626.8417,

1657 Florida Statutes, are amended to read:

1658 626.8417 Title insurance agent licensure; exemptions.—

1659 (4) Title insurers , acting through designated corporate

1660 officers, or attorneys duly admitted to practice law in this

1661 state and in good standing with The Florida Bar are exempt from

1662 the provisions of this chapter relating to title insurance

1663 licensing and appointment requirements.

1664 ~~(5) An insurer may designate a corporate officer of the~~

1665 ~~insurer to occasionally issue and countersign binders,~~

1666 ~~commitments, and policies of title insurance. The designated~~

1667 ~~officer is exempt from the provisions of this chapter relating~~

1668 ~~to title insurance licensing and appointment requirements while~~

1669 ~~the officer is acting within the scope of the designation.~~

1670 Section 29. Subsection (24) is added to section 626.854,

1671 Florida Statutes, to read:

1672 626.854 “Public adjuster” defined; prohibitions.—The

1673 Legislature finds that it is necessary for the protection of the

1674 public to regulate public insurance adjusters and to prevent the

1675 unauthorized practice of law.

1676 (24) A public adjuster, public adjuster apprentice, or

1677 public adjusting firm must respond with specific information to

1678 a written or electronic request for claims status from a

1679 claimant or insured or their designated representative within 14

1680 days after the date of the request and shall document in the

1681 file the response or information provided.

1682 Section 30. Section 627.797, Florida Statutes, is repealed.

1683 Section 31. Subsection (11) of section 633.208, Florida

1684 Statutes, is amended to read:

1685 633.208 Minimum firesafety standards.—

1686 (11) Notwithstanding subsection (8), a single-family or

1687 two-family dwelling may not be reclassified for purposes of

1688 enforcing the Florida Fire Prevention Code solely due to such

1689 dwelling being used as or converted into:

1690 (a) ~~That is~~ A certified recovery residence, as defined in

1691 s. 397.311, or ~~that is~~ a recovery residence, as defined in s.

1692 397.311, that has a charter from an entity recognized or

1693 sanctioned by Congress ;

1694 (b) A residence owned by a tax-exempt charitable

1695 organization under s. 501(c)(3) of the Internal Revenue Code

1696 whose stated corporate purpose relates to the support of people

1697 who are living with a mental health disorder and which has no

1698 fewer than two and no more than four bedrooms, is occupied by a

1699 group or family of no more than six ambulatory adults living

1700 with a mental health disorder, and has no more than two adults

1701 assigned to any bedroom; or

1702 (c) Residential migrant housing as defined in s. 381.008(8)

1703 which has a permit from the Department of Health pursuant to s.

1704 381.0081 ~~may not be reclassified for purposes of enforcing the~~

1705 ~~Florida Fire Prevention Code solely due to such use~~ .

1706 Section 32. Subsection (4) of section 648.34, Florida

1707 Statutes, is amended to read:

1708 648.34 Bail bond agents; qualifications.—

1709 (4) The applicant must ~~shall~~ furnish, with his or her

1710 application, a complete set of his or her fingerprints in

1711 accordance with s. 626.171(4) ~~and a recent credential-sized,~~

1712 ~~fullface photograph of the applicant~~ . The department may ~~shall~~

1713 not authorize an applicant to take the required examination

1714 until the department has received a report from the Department

1715 of Law Enforcement and the Federal Bureau of Investigation

1716 relative to the existence or nonexistence of a criminal history

1717 report based on the applicant’s fingerprints.

1718 Section 33. Subsection (2) of section 648.382, Florida

1719 Statutes, is amended to read:

1720 648.382 Appointment of bail bond agents and bail bond

1721 agencies; effective date of appointment.—

1722 (2) Before any appointment, an appropriate officer or

1723 official of the appointing insurer must obtain all of the

1724 following information ~~submit~~ :

1725 (a) A certified statement or affidavit to the department

1726 stating what investigation has been made concerning the proposed

1727 appointee and the proposed appointee’s background and the

1728 appointing person’s opinion to the best of his or her knowledge

1729 and belief as to the moral character and reputation of the

1730 proposed appointee. In lieu of such certified statement or

1731 affidavit, by authorizing the effectuation of an appointment for

1732 a licensee, the appointing entity certifies to the department

1733 that such investigation has been made and that the results of

1734 the investigation and the appointing person’s opinion is that

1735 the proposed appointee is a person of good moral character and

1736 reputation and is fit to engage in the bail bond business . ;

1737 (b) An affidavit under oath on a form prescribed by the

1738 department, signed by the proposed appointee, stating that

1739 premiums are not owed to any insurer and that the appointee will

1740 discharge all outstanding forfeitures and judgments on bonds

1741 previously written. If the appointee does not satisfy or

1742 discharge such forfeitures or judgments, the former insurer

1743 shall file a notice, with supporting documents, with the

1744 appointing insurer, the former agent or agency, and the

1745 department, stating under oath that the licensee has failed to

1746 timely satisfy forfeitures and judgments on bonds written and

1747 that the insurer has satisfied the forfeiture or judgment from

1748 its own funds. Upon receipt of such notification and supporting

1749 documents, the appointing insurer shall immediately cancel the

1750 licensee’s appointment. The licensee may be reappointed only

1751 upon certification by the former insurer that all forfeitures

1752 and judgments on bonds written by the licensee have been

1753 discharged. The appointing insurer or former agent or agency

1754 may, within 10 days, file a petition with the department seeking

1755 relief from this paragraph. Filing of the petition stays the

1756 duty of the appointing insurer to cancel the appointment until

1757 the department grants or denies the petition . ;

1758 (c) Any other information that the department reasonably

1759 requires concerning the proposed appointee . ~~; and~~

1760 (d) Effective January 1, 2025, a certification that the

1761 appointing entity obtained from each appointee the following

1762 sworn statement:

1764 Pursuant to section 648.382(2)(b), Florida Statutes, I

1765 do solemnly swear that I owe no premium to any insurer

1766 or agency and that I will discharge all outstanding

1767 forfeitures and judgments on bonds that have been

1768 previously written. I acknowledge that failure to do

1769 this will result in my active appointments being

1770 canceled.

1772 An appointed bail bond agency must have the attestation under

1773 this paragraph signed by its owner.

1774 Section 34. Section 717.001, Florida Statutes, is amended

1775 to read:

1776 717.001 Short title.—This chapter may be cited as the

1777 “Florida Disposition of Abandoned Personal ~~Unclaimed~~ Property

1778 Act.”

1779 Section 35. Present subsections (1) through (4), (5)

1780 through (8), (10) through (13), (15) through (20), (21), (22)

1781 through (28), (31), (32), and (33) of section 717.101, Florida

1782 Statutes, are redesignated as subsections (4) through (7), (9)

1783 through (12), (13) through (16), (17) through (22), (24), (26)

1784 through (32), and (33), (34), and (35), respectively, new

1785 subsections (1), (2), (3), (8), (23), and (25) are added to that

1786 section, and present subsections (1), (2), (5), (6), (8), (9),

1787 (12), (14), (16), (18), (19), (20), (22), (25), (29), and (30)

1788 of that section are amended, to read:

1789 717.101 Definitions.—As used in this chapter, unless the

1790 context otherwise requires:

1791 (1) “Abandoned property” means property held by a holder

1792 for which all of the following are true:

1793 (a) The apparent owner has shown no activity or indication

1794 of interest for the duration of the applicable dormancy period

1795 established under this chapter.

1796 (b) The holder has complied with the due diligence

1797 requirements set forth in this chapter, including the issuance

1798 of notice to the apparent owner, and has received no response or

1799 contact sufficient to demonstrate continued interest in the

1800 property.

1802 For purposes of this chapter, property is presumed abandoned

1803 upon expiration of the applicable dormancy period established

1804 under this chapter. Once the dormancy period has expired, the

1805 holder must comply with the due diligence requirements set forth

1806 in s. 717.117. If the holder does not receive response or

1807 contact sufficient to demonstrate continued interest in the

1808 property after completion of its due diligence efforts, the

1809 property is deemed abandoned and subject to reporting and

1810 remittance to the department for custodial holding on behalf of

1811 the owner.

1812 (2) “Abandoned Property Purchase Agreement” means the form

1813 adopted by the department pursuant to s. 717.135 which must be

1814 used, without modification or amendment, by a claimant

1815 representative to purchase abandoned property from an owner.

1816 (3) “Abandoned Property Recovery Agreement” means the form

1817 adopted by the department pursuant to s. 717.135 which must be

1818 used, without modification or amendment, by a claimant

1819 representative to obtain consent and authority to recover

1820 abandoned property on behalf of a person.

1821 (4) ~~(1)~~ “Aggregate” means the amounts reported for owners of

1822 abandoned ~~unclaimed~~ property of less than $10 or where there is

1823 no name for the individual or entity listed on the holder’s

1824 records, regardless of the amount to be reported.

1825 (5) ~~(2)~~ “Apparent owner” means the person whose name appears

1826 on the records of the holder as the owner of the abandoned

1827 property, but whose status as the true owner entitled to receive

1828 the property may be subject to change due to the passage of time

1829 or changes in circumstances ~~person entitled to property held,~~

1830 ~~issued, or owing by the holder~~ .

1831 (8) “Authorized representative” means a person or an entity

1832 legally empowered to act on behalf of the apparent owner or his

1833 or her estate, including, but not limited to, an agent, a

1834 fiduciary, a personal representative, a trustee, a legal heir, a

1835 guardian, or any other individual or entity authorized by law or

1836 agreement.

1837 (9) ~~(5)~~ “Banking or financial organization” means any and

1838 all banks, trust companies, private bankers, savings banks,

1839 industrial banks, safe-deposit companies, savings and loan

1840 associations, credit unions, savings associations, banking

1841 organizations, international bank agencies, cooperative banks,

1842 building and loan associations, and investment companies in this

1843 state, organized under or subject to the laws of this state or

1844 of the United States, including entities organized under 12

1845 U.S.C. s. 611, but does not include federal reserve banks. The

1846 term also includes any corporation, business association, or

1847 other organization that:

1848 (a) Is a wholly or partially owned subsidiary of any

1849 banking, banking corporation, or bank holding company that

1850 performs any or all of the functions of a banking organization;

1851 or

1852 (b) Performs functions pursuant to the terms of a contract

1853 with any banking organization.

1854 (10) ~~(6)~~ “Business association” means any for-profit or

1855 nonprofit corporation other than a public corporation; joint

1856 stock company; investment company; unincorporated association or

1857 association of two or more individuals for business purposes,

1858 whether or not for profit; partnership; joint venture; limited

1859 liability company; sole proprietorship; business trust; trust

1860 company; land bank; safe-deposit company; safekeeping

1861 depository; banking or financial organization; insurance

1862 company; federally chartered entity; utility company; transfer

1863 agent; or other business entity, whether or not for profit.

1864 (12) ~~(8)~~ “ Claimant ~~Claimant’s~~ representative” means an

1865 attorney who is a member in good standing with of The Florida

1866 Bar, a certified public accountant licensed in this state, or a

1867 private investigator ~~who is duly~~ licensed ~~to do business~~ in this

1868 ~~the~~ state , who is registered with the department , and authorized

1869 to file claims on behalf of persons with the department ~~by the~~

1870 ~~claimant to claim unclaimed property on the claimant’s behalf~~ .

1871 The term does not include a person acting in a representative or

1872 fiduciary capacity, such as a personal representative, guardian,

1873 trustee, or attorney, whose representation is not contingent

1874 upon the discovery or location of abandoned ~~unclaimed~~ property ,

1875 and it expressly excludes locators who engage in locating owners

1876 of abandoned property for a fee but are not registered with the

1877 department ~~; provided, however, that any agreement entered into~~

1878 ~~for the purpose of evading s. 717.135 is invalid and~~

1879 ~~unenforceable~~ .

1880 ~~(9) “Credit balance” means an account balance in the~~

1881 ~~customer’s favor.~~

1882 (15) ~~(12)~~ “Due diligence” means the use of reasonable and

1883 prudent methods under particular circumstances to locate

1884 apparent owners of presumed abandoned property ~~inactive accounts~~

1885 using the taxpayer identification number or social security

1886 number, if known, which may include, but are not limited to,

1887 using a nationwide database, cross-indexing with other records

1888 of the holder, mailing to the last known address unless the last

1889 known address is known to be inaccurate, providing written

1890 notice as described in this chapter by e-mail ~~electronic mail~~ if

1891 an apparent owner has elected such delivery, or engaging a

1892 licensed agency or company capable of conducting such search and

1893 providing updated addresses.

1894 ~~(14) “Financial organization” means a savings association,~~

1895 ~~savings and loan association, savings bank, industrial bank,~~

1896 ~~bank, banking organization, trust company, international bank~~

1897 ~~agency, cooperative bank, building and loan association, or~~

1898 ~~credit union.~~

1899 (18) ~~(16)~~ “Holder” means a person who is in possession of

1900 property belonging to another or who owes a debt or an

1901 obligation to another person, including, but not limited to,

1902 financial institutions, insurance companies, corporations,

1903 partnerships, fiduciaries, and government agencies :

1904 ~~(a) A person who is in possession or control or has custody~~

1905 ~~of property or the rights to property belonging to another; is~~

1906 ~~indebted to another on an obligation; or is obligated to hold~~

1907 ~~for the account of, or to deliver or pay to, the owner, property~~

1908 ~~subject to this chapter; or~~

1909 ~~(b) A trustee in case of a trust~~ .

1910 (20) ~~(18)~~ “Intangible property” includes, by way of

1911 illustration and not limitation:

1912 (a) Moneys, checks, virtual currency, drafts, deposits,

1913 interest, dividends, and income.

1914 (b) Credit balances, customer overpayments, security

1915 deposits and other instruments as defined by chapter 679,

1916 refunds, unpaid wages, unused airline tickets, and unidentified

1917 remittances.

1918 (c) Stocks, and other intangible ownership interests in

1919 business associations except for:

1920 1. A non-freely transferable security; or

1921 2. A security that is subject to a lien, legal hold, or

1922 restriction evidenced on the records of the holder or imposed by

1923 operation of law, if the lien, legal hold, or restriction

1924 restricts the holder’s or owner’s ability to receive, transfer,

1925 sell, or otherwise negotiate the security .

1926 (d) Moneys deposited to redeem stocks, bonds, bearer bonds,

1927 original issue discount bonds, coupons, and other securities, or

1928 to make distributions.

1929 (e) Amounts due and payable under the terms of insurance

1930 policies.

1931 (f) Amounts distributable from a trust or custodial fund

1932 established under a plan to provide any health, welfare,

1933 pension, vacation, severance, retirement, death, stock purchase,

1934 profit sharing, employee savings, supplemental unemployment

1935 insurance, or similar benefit.

1936 (21) ~~(19)~~ “Last known address” means a description of the

1937 location of the apparent owner sufficient for the purpose of the

1938 delivery of mail. For the purposes of identifying, reporting,

1939 and remitting property to the department ~~which is presumed to be~~

1940 ~~unclaimed~~ , the term ~~“last known address”~~ includes any partial

1941 description of the location of the apparent owner sufficient to

1942 establish the apparent owner was a resident of this state at the

1943 time of last contact with the apparent owner or at the time the

1944 property became due and payable.

1945 (22) ~~(20)~~ “Lawful charges” means charges against the

1946 property or the account in which the property is held which

1947 ~~dormant accounts that~~ are authorized by statute for the purpose

1948 of offsetting the costs of maintaining the property or the

1949 account in which the property is held ~~dormant account~~ .

1950 (23) “Locator” means a private individual or business that

1951 locates owners of abandoned property in exchange for a fee,

1952 typically a percentage of the recovered property. Locators are

1953 not employees or agents of the state and are not registered with

1954 the department.

1955 (25) “Non-freely transferable security” means a security

1956 that cannot be delivered to the administrator by the Depository

1957 Trust and Clearing Corporation or similar custodian of

1958 securities providing post-trade clearing and settlement services

1959 to financial markets or cannot be delivered because there is no

1960 agent to effect transfer. The term includes a worthless

1961 security.

1962 (26) ~~(22)~~ “Owner” means the a person ~~, or the person’s legal~~

1963 ~~representative,~~ entitled to receive or having a legal or

1964 equitable interest in the abandoned property. An owner

1965 establishes his or her entitlement by filing a valid claim with

1966 the department pursuant ~~or claim against property subject~~ to

1967 this chapter ~~; a depositor in the case of a deposit; a~~

1968 ~~beneficiary in the case of a trust or a deposit in trust; or a~~

1969 ~~payee in the case of a negotiable instrument or other intangible~~

1970 ~~property~~ .

1971 (29) ~~(25)~~ “Record” means information that is captured or

1972 maintained in any format, including written, printed,

1973 electronic, audio, visual, or other forms, and that can be made

1974 perceptible or understandable to a person, either directly or

1975 through technological means, including assistive technologies

1976 ~~inscribed on a tangible medium or that is stored in an~~

1977 ~~electronic or other medium and is retrievable in perceivable~~

1978 ~~form~~ .

1979 ~~(29) “Unclaimed Property Purchase Agreement” means the form~~

1980 ~~adopted by the department pursuant to s. 717.135 which must be~~

1981 ~~used, without modification or amendment, by a claimant’s~~

1982 ~~representative to purchase unclaimed property from an owner.~~

1983 ~~(30) “Unclaimed Property Recovery Agreement” means the form~~

1984 ~~adopted by the department pursuant to s. 717.135 which must be~~

1985 ~~used, without modification or amendment, by a claimant’s~~

1986 ~~representative to obtain an owner’s consent and authority to~~

1987 ~~recover unclaimed property on the owner’s behalf.~~

1988 Section 36. Section 717.102, Florida Statutes, is amended

1989 to read:

1990 717.102 Property presumed abandoned ~~unclaimed~~ ; general

1991 rule.—

1992 (1) Except as otherwise provided by this chapter, all

1993 intangible property, including any income or increment thereon

1994 less any lawful charges, that is held, issued, or owing in the

1995 ordinary course of the holder’s business and for which the

1996 apparent owner or authorized representative fails to demonstrate

1997 continued interest for more than the applicable dormancy period

1998 prescribed by this chapter shall be presumed abandoned ~~claim~~

1999 ~~such property for more than 5 years after the property becomes~~

2000 ~~payable or distributable is presumed unclaimed, except as~~

2001 ~~otherwise provided by this chapter~~ . Unless otherwise specified

2002 by law, the dormancy period is 5 years from the date the

2003 property becomes payable or distributable. For the purposes of

2004 this chapter, property is considered payable or distributable

2005 once the holder’s obligation to pay or deliver the property

2006 arises, regardless of whether the apparent owner or authorized

2007 representative has failed to demand or to present documents

2008 required to receive payment.

2009 (2) ~~Property is payable or distributable for the purpose of~~

2010 ~~this chapter notwithstanding the owner’s failure to make demand~~

2011 ~~or to present any instrument or document required to receive~~

2012 ~~payment.~~

2013 ~~(3)~~ A presumption that property is abandoned may be

2014 ~~unclaimed is~~ rebutted by the affirmative demonstration of

2015 continued interest by the apparent owner or authorized

2016 representative ~~an apparent owner’s expression of interest in the~~

2017 ~~property~~ . Such demonstration ~~An owner’s expression~~ of continued

2018 interest ~~in property~~ includes , but is not limited to, any of the

2019 following :

2020 (a) A record communicated by the apparent owner or

2021 authorized representative to the holder or its agent ~~of the~~

2022 ~~holder~~ concerning the property or the account in which the

2023 property is held . ;

2024 (b) An oral communication by the apparent owner or

2025 authorized representative to the holder or its agent ~~of the~~

2026 ~~holder~~ concerning the property or the account in which the

2027 property is held, if the holder or its agent contemporaneously

2028 records ~~makes~~ and preserves evidence ~~a record~~ of the ~~fact of the~~

2029 ~~apparent owner’s~~ communication . ;

2030 (c) Presentment of a check or other instrument for of

2031 payment of a dividends ~~dividend~~ , interest ~~payment~~ , or other

2032 distributions related to the property. ~~distribution, with~~

2033 ~~respect to an account, underlying security, or interest in a~~

2034 ~~business association;~~

2035 (d) Any account activity initiated ~~directed~~ by an apparent

2036 owner or authorized representative ~~in the account in which the~~

2037 ~~property is held~~ , including accessing the account or directing

2038 changes to information concerning the account , or to the amount

2039 or type of property held, excluding routine automatic

2040 transactions previously authorized, ~~a direction by the apparent~~

2041 ~~owner~~ to increase, decrease, or otherwise change the amount or

2042 type of property held in the account . ;

2043 (e) Any A deposit into or withdrawal from the property or

2044 the an account in which the property is held ~~at a financial~~

2045 ~~organization~~ , excluding an automatic deposits, withdrawals, or

2046 reinvestments ~~deposit or withdrawal~~ previously authorized by the

2047 apparent owner or authorized representative. ~~an automatic~~

2048 ~~reinvestment of dividends or interest, which does not constitute~~

2049 ~~an expression of interest; or~~

2050 (f) Any other action by the apparent owner or authorized

2051 representative which reasonably demonstrates to the holder that

2052 the apparent owner or authorized representative is aware of and

2053 maintains an interest in ~~knows that~~ the property ~~exists~~ .

2054 (3) ~~(4)~~ If a holder learns or receives confirmation of an

2055 apparent owner’s death, the property shall be presumed abandoned

2056 ~~unclaimed~~ 2 years after the date of death, unless an authorized

2057 representative makes an affirmative demonstration ~~a fiduciary~~

2058 ~~appointed to represent the estate of the apparent owner has made~~

2059 ~~an expression~~ of interest in the property before the expiration

2060 of the 2-year period. This subsection may not be construed to

2061 extend the otherwise applicable dormancy period prescribed by

2062 this chapter.

2063 Section 37. Section 717.103, Florida Statutes, is amended

2064 to read:

2065 717.103 General rules for taking custody of intangible

2066 abandoned ~~unclaimed~~ property.—Unless otherwise provided in this

2067 chapter or by other statute of this state, intangible property

2068 is subject to the custody of the department as abandoned

2069 ~~unclaimed~~ property when if the conditions leading to a

2070 presumption that the property is abandoned ~~unclaimed~~ as

2071 described in ss. 717.102 and 717.105-717.116 are satisfied and

2072 the holder has fulfilled all required due diligence obligations

2073 without receiving any response or claim from the apparent owner,

2074 and one or more of the following criteria apply :

2075 (1) The last known address, as shown on the records of the

2076 holder, of the apparent owner is in this state . ;

2077 (2) The records of the holder do not identify the name of

2078 the apparent owner, but do reflect ~~the identity of the person~~

2079 ~~entitled to the property, and it is established~~ that the last

2080 known address of the apparent owner ~~person entitled to the~~

2081 ~~property~~ is in this state . ;

2082 (3) The records of the holder do not reflect the last known

2083 address of the apparent owner, but ~~and~~ it is established that

2084 either of the following conditions apply :

2085 (a) The last known address of the apparent owner ~~person~~

2086 ~~entitled to the property~~ is in this state . ~~; or~~

2087 (b) The holder is domiciled in this state, ~~a domiciliary~~ or

2088 is a government entity or ~~governmental~~ subdivision ~~or agency~~ of

2089 this state , and has not previously paid the property to the

2090 state of the last known address of the apparent owner . ~~or other~~

2091 ~~person entitled to the property;~~

2092 (4) The last known address, as shown on the records of the

2093 holder, of the apparent owner ~~or other person entitled to the~~

2094 ~~property~~ is in a jurisdiction ~~state~~ that does not have

2095 applicable ~~provide by law for the~~ escheat , abandoned, or

2096 unclaimed property laws ~~custodial taking of the property, or its~~

2097 ~~escheat or unclaimed property law is not applicable to the~~

2098 ~~property~~ , and the holder is domiciled in this state a

2099 ~~domiciliary~~ or is a government entity or governmental

2100 subdivision or agency of this state . ;

2101 (5) The last known address, as shown on the records of the

2102 holder, of the apparent owner is in a foreign nation and the

2103 holder is domiciled in this state ~~a domiciliary~~ or is a

2104 government entity or governmental subdivision ~~or agency~~ of this

2105 state . ~~; or~~

2106 (6) The transaction out of which the property arose

2107 occurred in this state , and both of the following are true: ;

2108 (a) 1. The last known address of the apparent owner ~~or other~~

2109 ~~person entitled to the property~~ is unknown . ~~; or~~

2110 ~~2. The last known address of the apparent owner or other~~

2111 ~~person entitled to the property is in a state that does not~~

2112 ~~provide by law for the escheat or custodial taking of the~~

2113 ~~property, or its escheat or unclaimed property law is not~~

2114 ~~applicable to the property; and~~

2115 (b) The holder is domiciled in a jurisdiction ~~a domiciliary~~

2116 ~~of a state~~ that does not have applicable ~~provide by law for the~~

2117 escheat , abandoned, or ~~custodial taking of the property, or its~~

2118 ~~escheat or~~ unclaimed property laws ~~law is not applicable to the~~

2119 ~~property~~ .

2120 Section 38. Section 717.1035, Florida Statutes, is

2121 repealed.

2122 Section 39. Section 717.104, Florida Statutes, is amended

2123 to read:

2124 717.104 Traveler’s checks and money orders.—

2125 (1) Subject to subsection (4), any sum payable on a

2126 traveler’s check that has been outstanding for more than 15

2127 years after its issuance is presumed abandoned ~~unclaimed~~ unless

2128 the apparent owner or authorized representative , within 15

2129 years, has demonstrated a continued interest in the property in

2130 accordance with s. 717.102 ~~communicated in writing with the~~

2131 ~~issuer concerning it or otherwise indicated~~ ~~an interest as~~

2132 ~~evidenced by a memorandum or other record on file with the~~

2133 ~~issuer~~ .

2134 (2) Subject to subsection (4), any sum payable on a money

2135 order or similar written instrument, other than a third party

2136 bank check, that has been outstanding for more than 7 years

2137 after its issuance is presumed abandoned ~~unclaimed~~ unless the

2138 apparent owner or authorized representative , within 7 years, has

2139 demonstrated a continued interest in the property in accordance

2140 with s. 717.102 ~~communicated in writing with the issuer~~

2141 ~~concerning it or otherwise indicated an interest as evidenced by~~

2142 ~~a memorandum or other record on file with the issuer~~ .

2143 (3) A No holder may not deduct from the amount of any

2144 traveler’s check or money order any charges imposed by reason of

2145 the failure to present those instruments for payment unless

2146 there is a valid and enforceable written contract between the

2147 holder ~~issuer~~ and the apparent owner of the property pursuant to

2148 which the holder ~~issuer~~ may impose those charges and the holder

2149 ~~issuer~~ regularly imposes those charges and does not regularly

2150 reverse or otherwise cancel those charges with respect to the

2151 property.

2152 (4) No sum payable on a traveler’s check, money order, or

2153 similar written instrument, other than a third party bank check,

2154 described in subsections (1) and (2) may be subjected to the

2155 custody of this state as abandoned ~~unclaimed~~ property unless any

2156 of the following conditions are met :

2157 (a) The records of the holder ~~issuer~~ show that the

2158 traveler’s check, money order, or similar written instrument was

2159 purchased in this state . ;

2160 (b) The holder ~~issuer~~ has its principal place of business

2161 in this state and its ~~the~~ records ~~of the issuer~~ do not show the

2162 state in which the traveler’s check, money order, or similar

2163 written instrument was purchased . ~~; or~~

2164 (c) The holder ~~issuer~~ has its principal place of business

2165 in this state; the holder’s records ~~of the issuer~~ show the state

2166 in which the traveler’s check, money order, or similar written

2167 instrument was purchased; and the ~~laws of the~~ state of purchase

2168 does not provide applicable ~~do not provide for the~~ escheat ,

2169 abandoned, or unclaimed property laws ~~or custodial taking of the~~

2170 ~~property, or its escheat or unclaimed property law is not~~

2171 ~~applicable to the property~~ .

2172 (5) Notwithstanding any other provision of this chapter,

2173 subsection (4) applies to sums payable on traveler’s checks,

2174 money orders, and similar written instruments presumed abandoned

2175 ~~unclaimed~~ on or after February 1, 1965, except to the extent

2176 that those sums have been paid over to a state prior to January

2177 1, 1974.

2178 Section 40. Section 717.1045, Florida Statutes, is amended

2179 to read:

2180 717.1045 Gift certificates and similar credit items.

2181 Notwithstanding s. 717.117, an unredeemed gift certificate or

2182 credit memo as defined in s. 501.95 is not required to be

2183 reported as abandoned ~~unclaimed~~ property.

2184 (1) The consideration paid for an unredeemed gift

2185 certificate or credit memo is the property of the issuer of the

2186 unredeemed gift certificate or credit memo.

2187 (2) An unredeemed gift certificate or credit memo is

2188 subject only to any rights of a purchaser or owner thereof and

2189 is not subject to a claim made by any state acting on behalf of

2190 a purchaser or owner.

2191 (3) It is the intent of the Legislature that this section

2192 apply to the custodial holding of unredeemed gift certificates

2193 and credit memos.

2194 (4) However, a gift certificate or credit memo described in

2195 s. 501.95(2)(b) shall be reported as abandoned ~~unclaimed~~

2196 property. The consideration paid for such a gift certificate or

2197 credit memo is the property of the owner of the gift certificate

2198 or credit memo.

2199 Section 41. Section 717.105, Florida Statutes, is amended

2200 to read:

2201 717.105 Checks, drafts, and similar instruments issued or

2202 certified by banking and financial organizations.—

2203 (1) Any sum payable on a check, draft, or similar

2204 instrument, except those subject to ss. 717.104 and 717.115, on

2205 which a banking or financial organization is directly liable,

2206 including, but not limited to, a cashier’s check or a certified

2207 check, which has been outstanding for more than 5 years after it

2208 was payable or after its issuance if payable on demand, is

2209 presumed abandoned ~~unclaimed~~ unless the apparent owner or

2210 authorized representative , within 5 years, has communicated in

2211 writing with the banking or financial organization concerning it

2212 or otherwise demonstrated a continued interest in the property

2213 in accordance with s. 717.102 ~~indicated an interest as evidenced~~

2214 ~~by a memorandum or other record on file with the banking or~~

2215 ~~financial organization~~ .

2216 (2) A No holder may not deduct from the amount of any

2217 instrument subject to this section any charges imposed by reason

2218 of the failure to present the instrument for encashment unless

2219 there is a valid and enforceable written contract between the

2220 holder and the apparent owner of the instrument pursuant to

2221 which the holder may impose those charges and does not regularly

2222 reverse or otherwise cancel those charges with respect to the

2223 instrument.

2224 Section 42. Subsection (1), paragraphs (a) and (b) of

2225 subsection (3), and subsections (4) and (5) of section 717.106,

2226 Florida Statutes, are amended to read:

2227 717.106 Bank deposits and funds in financial

2228 organizations.—

2229 (1) Any demand, savings, or matured time deposit with a

2230 banking or financial organization, including deposits that are

2231 automatically renewable, and any funds paid toward the purchase

2232 of shares, a mutual investment certificate, or any other

2233 interest in a banking or financial organization is presumed

2234 abandoned ~~unclaimed~~ unless the apparent owner or authorized

2235 representative has, within 5 years , engaged in any of the

2236 following activities :

2237 (a) Increased or decreased the amount of the deposit or

2238 presented the passbook or other similar evidence of the deposit

2239 for the crediting of interest . ;

2240 (b) Communicated in writing or by documented telephone

2241 contact with the banking or financial organization concerning

2242 the property . ;

2243 (c) Otherwise demonstrated a continued ~~indicated an~~

2244 interest in the property as evidenced by a memorandum or other

2245 record on file with the banking or financial organization . ;

2246 (d) Owned other property to which paragraph (a), paragraph

2247 (b), or paragraph (c) is applicable and if the banking or

2248 financial organization communicates in writing with the owner

2249 with regard to the property that would otherwise be presumed

2250 abandoned ~~unclaimed~~ under this subsection at the address to

2251 which communications regarding the other property regularly are

2252 sent . ~~; or~~

2253 (e) Had another relationship with the banking or financial

2254 organization concerning which the apparent owner has:

2255 1. Communicated in writing with the banking or financial

2256 organization; or

2257 2. Otherwise demonstrated a continued ~~indicated an~~ interest

2258 as evidenced by a memorandum or other record on file with the

2259 banking or financial organization and if the banking or

2260 financial organization communicates in writing with the apparent

2261 owner or authorized representative with regard to the property

2262 that would otherwise be presumed abandoned ~~unclaimed~~ under this

2263 subsection at the address to which communications regarding the

2264 other relationship regularly are sent.

2265 (3) A No holder may not impose with respect to property

2266 described in subsection (1) any charges due to dormancy or

2267 inactivity or cease payment of interest unless:

2268 (a) There is an enforceable written contract between the

2269 holder and the apparent owner of the property pursuant to which

2270 the holder may impose those charges or cease payment of

2271 interest.

2272 (b) For property in excess of $2, the holder, no more than

2273 3 months prior to the initial imposition of those charges or

2274 cessation of interest, has given written notice to the apparent

2275 owner of the amount of those charges at the last known address

2276 of the apparent owner stating that those charges shall be

2277 imposed or that interest shall cease, but the notice provided in

2278 this section need not be given with respect to charges imposed

2279 or interest ceased before July 1, 1987.

2280 (4) Any property described in subsection (1) that is

2281 automatically renewable is matured for purposes of subsection

2282 (1) upon the expiration of its initial time period except that,

2283 in the case of any renewal to which the apparent owner consents

2284 at or about the time of renewal by communicating in writing with

2285 the banking or financial organization or otherwise indicating

2286 consent as evidenced by a memorandum or other record on file

2287 prepared by an employee of the organization, the property is

2288 matured upon the expiration of the last time period for which

2289 consent was given. If, at the time provided for delivery in s.

2290 717.119, a penalty or forfeiture in the payment of interest

2291 would result from the delivery of the property, the time for

2292 delivery is extended until the time when no penalty or

2293 forfeiture would result.

2294 (5) If the documents establishing a deposit described in

2295 subsection (1) state the address of a beneficiary of the

2296 deposit, and the account has a value of at least $50, notice

2297 shall be given to the beneficiary as provided for notice to the

2298 apparent owner under s. 717.117 ~~s. 717.117(6)~~ . This subsection

2299 shall apply to accounts opened on or after October 1, 1990.

2300 Section 43. Subsection (1) of section 717.1065, Florida

2301 Statutes, is amended to read:

2302 717.1065 Virtual currency.—

2303 (1) Any virtual currency held or owing by a banking

2304 organization, corporation, custodian, exchange, or other entity

2305 engaged in virtual currency business activity is presumed

2306 unclaimed unless the owner, within 7 5 years, has communicated

2307 in writing with the banking organization, corporation,

2308 custodian, exchange, or other entity engaged in virtual currency

2309 business activity concerning the virtual currency or otherwise

2310 indicated an interest as evidenced by a memorandum or other

2311 record on file with the banking organization, corporation,

2312 custodian, exchange, or other entity engaged in virtual currency

2313 business activity.

2314 Section 44. Subsection (1) of section 717.107, Florida

2315 Statutes, is amended to read:

2316 717.107 Funds owing under life insurance policies, annuity

2317 contracts, and retained asset accounts; fines, penalties, and

2318 interest; United States Social Security Administration Death

2319 Master File.—

2320 (1) Funds held or owing under any life or endowment

2321 insurance policy or annuity contract which has matured or

2322 terminated are presumed abandoned ~~unclaimed~~ if unclaimed for

2323 more than 5 years after the date of death of the insured, the

2324 annuitant, or the retained asset account holder, but property

2325 described in paragraph (3)(d) is presumed abandoned ~~unclaimed~~ if

2326 such property is not claimed for more than 2 years. The amount

2327 presumed abandoned ~~unclaimed~~ shall include any amount due and

2328 payable under s. 627.4615.

2329 Section 45. Section 717.1071, Florida Statutes, is amended

2330 to read:

2331 717.1071 Lost owners of abandoned ~~unclaimed~~

2332 demutualization, rehabilitation, or related reorganization

2333 proceeds.—

2334 (1) Property distributable in the course of a

2335 demutualization, rehabilitation, or related reorganization of an

2336 insurance company is deemed abandoned 2 years after the date the

2337 property is first distributable if, at the time of the first

2338 distribution, the last known address of the apparent owner on

2339 the books and records of the holder is known to be incorrect or

2340 the distribution or statements are returned by the post office

2341 as undeliverable; and the apparent owner or authorized

2342 representative ~~owner~~ has not communicated in writing with the

2343 holder or its agent regarding the interest or otherwise

2344 communicated with the holder regarding the interest as evidenced

2345 by a memorandum or other record on file with the holder or its

2346 agent.

2347 (2) Property distributable in the course of

2348 demutualization, rehabilitation, or related reorganization of a

2349 mutual insurance company that is not subject to subsection (1)

2350 shall be reportable as otherwise provided by this chapter.

2351 (3) Property subject to this section shall be reported and

2352 delivered no later than May 1 as of the preceding December 31;

2353 however, the initial report under this section shall be filed no

2354 later than November 1, 2003, as of December 31, 2002.

2355 Section 46. Section 717.108, Florida Statutes, is amended

2356 to read:

2357 717.108 Deposits held by utilities.—Any deposit, including

2358 any interest thereon, made by a subscriber with a utility to

2359 secure payment or any sum paid in advance for utility services

2360 to be furnished, less any lawful charges, that remains unclaimed

2361 by the apparent owner for more than 1 year after termination of

2362 the services for which the deposit or advance payment was made

2363 is presumed abandoned ~~unclaimed~~ .

2364 Section 47. Section 717.109, Florida Statutes, is amended

2365 to read:

2366 717.109 Refunds held by business associations.—Except as

2367 otherwise provided by law, any sum that a business association

2368 has been ordered to refund by a court or administrative agency

2369 which has been unclaimed by the apparent owner for more than 1

2370 year after it became payable in accordance with the final

2371 determination or order providing for the refund, regardless of

2372 whether the final determination or order requires any person

2373 entitled to a refund to make a claim for it, is presumed

2374 abandoned ~~unclaimed~~ .

2375 Section 48. Section 717.1101, Florida Statutes, is amended

2376 to read:

2377 717.1101 Abandoned ~~Unclaimed~~ equity and debt of business

2378 associations.—

2379 (1)(a) Stock , or other equity interests, or debt of

2380 ~~interest in~~ a business association is presumed abandoned

2381 ~~unclaimed~~ on the date of the earliest of any of the following:

2382 1. Three years after the date a communication, other than

2383 communications required by s. 717.117, sent by the holder by

2384 first-class United States mail to the apparent owner is returned

2385 to the holder undelivered by the United States Postal Service.

2386 If such returned communication is resent within 1 month to the

2387 apparent owner, the 3-year dormancy period does not begin until

2388 the day the resent item is returned as undelivered.

2389 2. Five ~~Three~~ years after the most recent of any account

2390 ~~owner-generated~~ activity or communication initiated by the

2391 apparent owner or authorized representative which demonstrates

2392 continued interest in the ~~related to the~~ account, as recorded

2393 and maintained by in the holder. Routine automatic reinvestments

2394 or other routine transactions previously authorized by the

2395 apparent owner or authorized representative do not prevent,

2396 interrupt, or reset the dormancy period and do not constitute an

2397 affirmative demonstration of continued interest. ~~holder’s~~

2398 ~~database and records systems sufficient enough to demonstrate~~

2399 ~~the owner’s continued awareness or interest in the property;~~

2400 3. 2. Two ~~Three~~ years after the date of the death of the

2401 apparent owner, as evidenced by:

2402 a. Notice to the holder of the apparent owner’s death by an

2403 authorized representative ~~administrator, beneficiary, relative,~~

2404 ~~or trustee, or by a personal representative or other legal~~

2405 ~~representative of the owner’s estate~~ ;

2406 b. Receipt by the holder of a copy of the death certificate

2407 of the apparent owner;

2408 c. Confirmation by the holder of the apparent owner’s death

2409 through ~~though~~ other means; or

2410 d. Other evidence from which the holder may reasonably

2411 conclude that the apparent owner is deceased . ~~; or~~

2412 ~~3. One year after the date on which the holder receives~~

2413 ~~notice under subparagraph 2. if the notice is received 2 years~~

2414 ~~or less after the owner’s death and the holder lacked knowledge~~

2415 ~~of the owner’s death during that period of 2 years or less.~~

2416 (b) If the holder does not send communication to the

2417 apparent owner of a security by first-class United States mail

2418 on an annual basis, the holder must attempt to confirm the

2419 apparent owner’s interest in the equity interest by sending the

2420 apparent owner an e-mail communication not later than 3 years

2421 after the apparent owner’s or authorized representative’s last

2422 demonstration of continued interest in the equity interest.

2423 However, the holder must promptly attempt to contact the

2424 apparent owner by first-class United States mail if:

2425 1. The holder does not have information needed to send the

2426 apparent owner an e-mail communication or the holder believes

2427 that the apparent owner’s e-mail address in the holder’s records

2428 is not valid;

2429 2. The holder received notification that the e-mail

2430 communication was not received; or

2431 3. The apparent owner does not respond to the e-mail

2432 communication within 30 days after the communication was sent.

2433 (c) If first-class United States mail sent under paragraph

2434 (b) is returned to the holder undelivered by the United States

2435 Postal Service, the equity interest is presumed abandoned in

2436 accordance with paragraph (a).

2437 (d) Unmatured or unredeemed debt, other than a bearer bond

2438 or an original issue discount bond, is presumed abandoned 5

2439 ~~unclaimed 3~~ years after the date of the most recent interest

2440 payment unclaimed by the owner.

2441 (e) ~~(c)~~ Matured or redeemed debt is presumed abandoned 5

2442 ~~unclaimed 3~~ years after the date of maturity or redemption.

2443 (f) ~~(d)~~ At the time property is presumed abandoned ~~unclaimed~~

2444 under paragraph (a) or paragraph (b), any other property right

2445 accrued or accruing to the owner as a result of the property

2446 interest and not previously presumed abandoned ~~unclaimed~~ is also

2447 presumed abandoned ~~unclaimed~~ .

2448 (2) The running of the applicable dormancy period under

2449 this section ~~such 3-year period~~ ceases if the apparent owner or

2450 authorized representative demonstrates continued interest under

2451 s. 717.102, including by any of the following actions ~~person~~ :

2452 (a) 1. Communicating ~~Communicates~~ in writing or by other

2453 means with the association or its agent regarding the interest ,

2454 ~~or a~~ dividend, distribution, or other sum payable as a result of

2455 the interest , as recorded by the association or its agent ~~; or~~

2456 ~~2. Otherwise communicates with the association regarding~~

2457 ~~the interest or a dividend, distribution, or other sum payable~~

2458 ~~as a result of the interest, as evidenced by a memorandum or~~

2459 ~~other record on file with the association or its agent~~ .

2460 (b) Presenting ~~Presents~~ an instrument issued to pay

2461 interest , or a dividend , or other ~~cash~~ distribution. If any

2462 future dividend, distribution, or other sum payable ~~to the owner~~

2463 as a result of the interest is subsequently unclaimed ~~not~~

2464 ~~claimed by the owner~~ , a new period in which the property is

2465 presumed abandoned ~~unclaimed~~ commences and relates back only to

2466 the time a subsequent dividend, distribution, or other sum

2467 became due and payable.

2468 (3) At the same time any interest is presumed abandoned

2469 ~~unclaimed~~ under this section, any dividend, distribution, or

2470 other sum then held for or owing to the owner as a result of the

2471 interest, is presumed abandoned ~~unclaimed~~ .

2472 (4) Any dividend, profit, distribution, interest

2473 redemption, payment on principal, or other sum held or owing by

2474 a business association for or to a shareholder,

2475 certificateholder, member, bondholder, or other security holder,

2476 who has not claimed such amount or corresponded in writing with

2477 the business association concerning such amount, within 5 3

2478 years after the date prescribed for payment or delivery, is

2479 presumed abandoned ~~unclaimed~~ .

2480 (5) Notwithstanding any other provision of this section,

2481 equity interests in business associations and securities

2482 accounts are not presumed abandoned solely due to inactivity if

2483 the holder knows the location of the apparent owner.

2484 (a) For purposes of this subsection, a holder must perform

2485 data matching of owner records maintained in its database

2486 against commercially available third-party data comparison

2487 sources to identify updated owner address information and

2488 indicators of deceased status. Utilizing any updated

2489 information, together with existing information of record, the

2490 holder is deemed to know the location of the apparent owner if:

2491 1. The holder communicates with the apparent owner at least

2492 annually by first-class United States mail or electronic means,

2493 including, but not limited to, e-mail, text message, mobile

2494 application, or similar mechanism;

2495 2. Such communication is successfully delivered, meaning

2496 not returned as undeliverable; and

2497 3. One or more additional account-level indicators

2498 demonstrating an owner indication of interest occur at least

2499 once every 10 years, including:

2500 a. Owner-initiated activity, such as authenticated access

2501 to a website, mobile engagement via mobile messaging, or other

2502 authenticated third-party account servicing software;

2503 b. Updated contact information received through an

2504 authorized financial adviser;

2505 c. Responses to account notifications or alerts;

2506 d. Negotiation of distributions, including dividends; or

2507 e. Any other action by the apparent owner or authorized

2508 representative which reasonably demonstrates to the holder that

2509 the apparent owner or authorized representative is aware of and

2510 maintains an interest in the property.

2511 (b) Automatic deposits, reinvestments, or other recurring

2512 transactions initiated by the holder may not independently

2513 constitute an indication of apparent owner interest for purposes

2514 of this section.

2515 (c) If the conditions in paragraph (a) are not satisfied

2516 and the owner’s location is deemed unknown, the equity interest

2517 or securities account may be presumed abandoned:

2518 1. Ten years after the owner’s most recent indication of

2519 interest in the property; or

2520 2. Ten years after the date a communication is returned as

2521 undeliverable, unless the owner responds to a due diligence

2522 notice before the reporting deadline.

2523 (d) Property described in paragraph (c) is presumed

2524 abandoned only after reasonable efforts to locate the owner have

2525 been unsuccessful and the holder has complied with the due

2526 diligence requirement of this chapter.

2527 (e) This subsection applies to equity interests and

2528 securities accounts held directly by the owner or indirectly

2529 through a brokerage account or similar account.

2530 Section 49. Section 717.111, Florida Statutes, is amended

2531 to read:

2532 717.111 Property of business associations held in course of

2533 dissolution.—All intangible property distributable in the course

2534 of a voluntary or involuntary dissolution of a business

2535 association which is not claimed by the apparent owner for more

2536 than 6 months after the date specified for final distribution is

2537 presumed abandoned ~~unclaimed~~ .

2538 Section 50. Subsections (1) and (5) of section 717.112,

2539 Florida Statutes, are amended to read:

2540 717.112 Property held by agents and fiduciaries.—

2541 (1) All intangible property and any income or increment

2542 thereon held in a fiduciary capacity for the benefit of another

2543 person, including property held by an attorney in fact or an

2544 agent, except as provided in ss. 717.1125 and 733.816, is

2545 presumed abandoned ~~unclaimed~~ unless the apparent owner has

2546 within 5 years after it has become payable or distributable

2547 increased or decreased the principal, accepted payment of

2548 principal or income, communicated in writing concerning the

2549 property, or otherwise indicated an interest as evidenced by a

2550 memorandum or other record on file with the fiduciary.

2551 (5) All intangible property, and any income or increment

2552 thereon, issued by a government or governmental subdivision or

2553 agency, public corporation, or public authority and held in an

2554 agency capacity for the governmental subdivision, agency, public

2555 corporation, or public authority for the benefit of the owner of

2556 record , is presumed abandoned ~~unclaimed~~ unless the apparent

2557 owner has, within 1 year after such property has become payable

2558 or distributable, increased or decreased the principal, accepted

2559 payment of the principal or income, communicated concerning the

2560 property, or otherwise indicated an interest in the property as

2561 evidenced by a memorandum or other record on file with the

2562 fiduciary.

2563 Section 51. Section 717.1125, Florida Statutes, is amended

2564 to read:

2565 717.1125 Property held by fiduciaries under trust

2566 instruments.—All intangible property and any income or increment

2567 thereon held in a fiduciary capacity for the benefit of another

2568 person under a trust instrument is presumed abandoned ~~unclaimed~~

2569 unless the apparent owner has, within 2 years after it has

2570 become payable or distributable, increased or decreased the

2571 principal, accepted payment of principal or income, communicated

2572 concerning the property, or otherwise indicated an interest as

2573 evidenced by a memorandum or other record on file with the

2574 fiduciary. This section does not relieve a fiduciary of his or

2575 her duties under the Florida Trust Code.

2576 Section 52. Section 717.113, Florida Statutes, is amended

2577 to read:

2578 717.113 Property held by courts and public agencies.—All

2579 intangible property held for the apparent owner by any court,

2580 government or governmental subdivision or agency, public

2581 corporation, or public authority that has not been claimed by

2582 the apparent owner for more than 1 year after it became payable

2583 or distributable is presumed abandoned ~~unclaimed~~ . Except as

2584 provided in s. 45.032(3)(c), money held in the court registry

2585 and for which no court order has been issued to determine an

2586 owner does not become payable or distributable and is not

2587 subject to reporting under this chapter. Notwithstanding the

2588 provisions of this section, funds deposited in the Minerals

2589 Trust Fund pursuant to s. 377.247 are presumed abandoned

2590 ~~unclaimed~~ only if the funds have not been claimed by the

2591 apparent owner for more than 5 years after the date of first

2592 production from the well.

2593 Section 53. Section 717.115, Florida Statutes, is amended

2594 to read:

2595 717.115 Wages.—Unpaid wages, including wages represented by

2596 unpresented payroll checks, owing in the ordinary course of the

2597 holder’s business that have not been claimed by the apparent

2598 owner for more than 1 year after becoming payable are presumed

2599 abandoned ~~unclaimed~~ .

2600 Section 54. Section 717.116, Florida Statutes, is amended

2601 to read:

2602 717.116 Contents of safe-deposit box or other safekeeping

2603 repository.—All tangible and intangible property held by a

2604 banking or financial organization in a safe-deposit box or any

2605 other safekeeping repository in this state in the ordinary

2606 course of the holder’s business, and proceeds resulting from the

2607 sale of the property permitted by law, that has not been claimed

2608 by the apparent owner or authorized representative for more than

2609 3 years after the lease or rental period on the box or other

2610 repository has expired are presumed abandoned ~~unclaimed~~ .

2611 Section 55. Section 717.117, Florida Statutes, is amended

2612 to read:

2613 717.117 Holder due diligence and report of abandoned

2614 ~~unclaimed~~ property.—

2615 (1) Property is presumed abandoned upon expiration of the

2616 applicable dormancy period under this chapter. However, such

2617 property is not deemed abandoned for purposes of reporting or

2618 remittance to the department until the holder has conducted

2619 reasonable due diligence as required by this section, resulting

2620 in no indication of interest from the apparent owner or

2621 authorized representative.

2622 (2) Holders of property presumed abandoned which has a

2623 value of $50 or more shall use due diligence to locate and

2624 notify the apparent owner that the holder is in possession of

2625 property subject to this chapter. At least 90 days, but not more

2626 than 180 days, before filing the report required by this

2627 section, a holder in possession of presumed abandoned property

2628 shall send written notice by first-class United States mail to

2629 the apparent owner’s last known address as shown in the holder’s

2630 records or from other available sources, or by e-mail if the

2631 apparent owner has elected for e-mail delivery, informing the

2632 apparent owner that the holder is in possession of property

2633 subject to this chapter, provided that the holder’s records

2634 contain a mailing or e-mail address for the apparent owner which

2635 is not known by the holder to be inaccurate. The holder may

2636 provide notice by mail, by e-mail, or by both methods. If the

2637 holder’s records indicate that the mailing address is

2638 inaccurate, notice may be provided by e-mail if the apparent

2639 owner has elected e-mail delivery.

2640 (3) If the value of the property is greater than $1,000,

2641 the holder must send a second written notice by certified United

2642 States mail, return receipt requested, to the apparent owner’s

2643 last known address at least 60 days before filing the report

2644 required by this section, if the holder’s records contain a

2645 mailing address for the apparent owner which is not known by the

2646 holder to be inaccurate. Reasonable costs paid to the United

2647 States Postal Service for certified mail, return receipt

2648 requested, may be deducted from the property as a service

2649 charge. A signed return receipt received in response to the

2650 certified mail notice constitutes an affirmative demonstration

2651 of continued interest as described in s. 717.102.

2652 (4) The written notice required under this section must

2653 include:

2654 (a) A heading that reads substantially as follows: “Notice:

2655 The State of Florida requires us to notify you that your

2656 property may be transferred to the custody of the Florida

2657 Department of Financial Services if you do not contact us before

2658 ...(insert date that is at least 30 days after the date of

2659 notice)....”

2660 (b) A description of the type, nature, and, unless the

2661 property does not have a fixed value, value of the property that

2662 is the subject of the notice.

2663 (c) A statement that the property will be turned over to

2664 the custody of the department as abandoned property if no

2665 response is received.

2666 (d) A statement that noncash property will be sold or

2667 liquidated by the department.

2668 (e) A statement that, after the property is remitted to the

2669 department, a claim must be filed with the department to recover

2670 the property.

2671 (f) A statement that the property is currently in the

2672 custody of the holder and that the apparent owner may prevent

2673 transfer of the property by contacting the holder before the

2674 deadline stated in the notice.

2675 (g) If the property is virtual currency, a statement that

2676 the virtual currency will be liquidated by the holder before it

2677 is remitted to the department and that only the proceeds of the

2678 liquidation will be transferred.

2679 (5) Every holder of abandoned ~~person holding funds or other~~

2680 property, tangible or intangible, ~~presumed unclaimed and~~ subject

2681 to custody ~~as unclaimed property~~ under this chapter shall submit

2682 a report to the department via electronic medium as the

2683 department may prescribe by rule. The report must include:

2684 (a) Except for traveler’s checks and money orders, the

2685 name, social security number or taxpayer identification number,

2686 date of birth, if known, and last known address, if any, of each

2687 apparent ~~person appearing from the records of the holder to be~~

2688 ~~the~~ owner of any property which is abandoned ~~presumed unclaimed~~

2689 and which has a value of $10 or more.

2690 (b) For abandoned ~~unclaimed~~ funds that have a value of $10

2691 or more held or owing under any life or endowment insurance

2692 policy or annuity contract, the identifying information provided

2693 in paragraph (a) for both the insured or annuitant and the

2694 beneficiary according to records of the insurance company

2695 holding or owing the funds.

2696 (c) For all tangible property held in a safe-deposit box or

2697 other safekeeping repository, a description of the property and

2698 the place where the property is held and may be inspected by the

2699 department, and any amounts owing to the holder. Contents of a

2700 safe-deposit box or other safekeeping repository which consist

2701 of documents or writings ~~of a private nature and~~ which have

2702 little or no commercial value may ~~apparent value shall~~ not be

2703 reported as abandoned property ~~presumed unclaimed~~ .

2704 (d) The nature or type of property, any accounting or

2705 identifying number associated with the property, a description

2706 of the property, and the amount appearing from the records to be

2707 due. Items of value of less than $10 each may be reported in the

2708 aggregate.

2709 (e) The date the property became payable, demandable, or

2710 returnable, and the date of the last transaction with the

2711 apparent owner with respect to the property.

2712 (f) Any other information the department may prescribe by

2713 rule as necessary for the administration of this chapter.

2714 (6) ~~(2)~~ If the total value of all abandoned ~~presumed~~

2715 ~~unclaimed~~ property, whether tangible or intangible, held by a

2716 person is less than $10, a zero balance report may be filed for

2717 that reporting period.

2718 (7) ~~(3)~~ Credit balances, customer overpayments, security

2719 deposits, and refunds having a value of less than $10 may not be

2720 reported as abandoned property ~~shall not be presumed unclaimed~~ .

2721 (8) A security identified by the holder as non-freely

2722 transferable or worthless may not be included in a report filed

2723 under this section. If the holder determines that a security is

2724 no longer non-freely transferable or worthless, the holder must

2725 report and deliver the security on the next regular report date

2726 prescribed for delivery of securities by the holder under this

2727 chapter.

2728 (9) ~~(4)~~ If the holder of abandoned property ~~presumed~~

2729 ~~unclaimed and~~ subject to custody under this chapter ~~as unclaimed~~

2730 ~~property~~ is a successor holder or if the holder has changed the

2731 holder’s name while in possession of the property, the holder

2732 must ~~shall~~ file with the holder’s report all known names and

2733 addresses of each prior holder of the property. Compliance with

2734 this subsection means the holder exercises reasonable and

2735 prudent efforts to determine the names of all prior holders.

2736 (10) The report must be signed by or on behalf of the

2737 holder and verified as to its completeness and accuracy, and the

2738 holder must state that it has complied with the due diligence

2739 requirements of this section.

2740 (11) ~~(5)~~ The report must be filed before May 1 of each year.

2741 The report applies to the preceding calendar year. Upon written

2742 request by any person required to file a report, and upon a

2743 showing of good cause, the department may extend the reporting

2744 date. The department may impose and collect a penalty of $10 per

2745 day up to a maximum of $500 for the failure to timely report, if

2746 an extension was not provided or if the holder of the property

2747 failed to include in a report information required by this

2748 chapter which was in the holder’s possession at the time of

2749 reporting. The penalty shall be remitted to the department

2750 within 30 days after the date of the notification to the holder

2751 that the penalty is due and owing. As necessary for proper

2752 administration of this chapter, the department may waive any

2753 penalty due with appropriate justification. The department must

2754 provide information contained in a report filed with the

2755 department to any person requesting a copy of the report or

2756 information contained in a report, to the extent the information

2757 requested is not confidential, within 45 days after the

2758 department determines that the report is accurate and acceptable

2759 and that the reported property is the same as the remitted

2760 property.

2761 ~~(6) Holders of inactive accounts having a value of $50 or~~

2762 ~~more shall use due diligence to locate and notify apparent~~

2763 ~~owners that the entity is holding unclaimed property available~~

2764 ~~for them to recover. Not more than 120 days and not less than 60~~

2765 ~~days prior to filing the report required by this section, the~~

2766 ~~holder in possession of property presumed unclaimed and subject~~

2767 ~~to custody as unclaimed property under this chapter shall send~~

2768 ~~written notice by first-class United States mail to the apparent~~

2769 ~~owner at the apparent owner’s last known address from the~~

2770 ~~holder’s records or from other available sources, or via~~

2771 ~~electronic mail if the apparent owner has elected this method of~~

2772 ~~delivery, informing the apparent owner that the holder is in~~

2773 ~~possession of property subject to this chapter, if the holder~~

2774 ~~has in its records a mailing or electronic address for the~~

2775 ~~apparent owner which the holder’s records do not disclose to be~~

2776 ~~inaccurate. These two means of contact are not mutually~~

2777 ~~exclusive; if the mailing address is determined to be~~

2778 ~~inaccurate, electronic mail may be used if so elected by the~~

2779 ~~apparent owner.~~

2780 ~~(7) The written notice to the apparent owner required under~~

2781 ~~this section must:~~

2782 ~~(a) Contain a heading that reads substantially as follows:~~

2783 ~~“Notice. The State of Florida requires us to notify you that~~

2784 ~~your property may be transferred to the custody of the Florida~~

2785 ~~Department of Financial Services if you do not contact us before~~

2786 ~~...(insert date that is at least 30 days after the date of~~

2787 ~~notice)....”~~

2788 ~~(b) Identify the type, nature, and, except for property~~

2789 ~~that does not have a fixed value, value of the property that is~~

2790 ~~the subject of the notice.~~

2791 ~~(c) State that the property will be turned over to the~~

2792 ~~custody of the department as unclaimed property if no response~~

2793 ~~to this letter is received.~~

2794 ~~(d) State that any property that is not legal tender of the~~

2795 ~~United States may be sold or liquidated by the department.~~

2796 ~~(e) State that after the property is turned over to the~~

2797 ~~department, an apparent owner seeking return of the property may~~

2798 ~~file a claim with the department.~~

2799 ~~(f) State that the property is currently with a holder and~~

2800 ~~provide instructions that the apparent owner must follow to~~

2801 ~~prevent the holder from reporting and paying for the property or~~

2802 ~~from delivering the property to the department.~~

2803 (12) ~~(8)~~ Any holder of intangible property may file with the

2804 department a petition for determination that the property is

2805 abandoned and ~~unclaimed~~ requesting the department to accept

2806 custody of the property. The petition shall state any special

2807 circumstances that exist, contain the information required by

2808 subsection (9) ~~subsection (4)~~ , and show that a diligent search

2809 has been made to locate the apparent owner. If the department

2810 finds that the proof of diligent search is satisfactory, it

2811 shall give notice as provided in s. 717.118 and accept custody

2812 of the property.

2813 (13) ~~(9)~~ Upon written request by any entity or person

2814 required to file a report, stating such entity’s or person’s

2815 justification for such action, the department may place that

2816 entity or person in an inactive status as an abandoned ~~unclaimed~~

2817 property “holder.”

2818 (14) ~~(10)~~ (a) This section does not apply to the abandoned

2819 ~~unclaimed~~ patronage refunds as provided for by contract or

2820 through bylaw provisions of entities organized under chapter 425

2821 or that are exempt from ad valorem taxation pursuant to s.

2822 196.2002.

2823 (b) This section does not apply to intangible property

2824 held, issued, or owing by a business association subject to the

2825 jurisdiction of the United States Surface Transportation Board

2826 or its successor federal agency if the apparent owner of such

2827 intangible property is a business association. The holder of

2828 such property does not have any obligation to report, to pay, or

2829 to deliver such property to the department.

2830 (c) This section does not apply to credit balances,

2831 overpayments, refunds, or outstanding checks owed by a health

2832 care provider to a managed care payor with whom the health care

2833 provider has a managed care contract, provided that the credit

2834 balances, overpayments, refunds, or outstanding checks become

2835 due and owing pursuant to the managed care contract.

2836 (15) ~~(11)~~ (a) As used in this subsection, the term “property

2837 identifier” means the descriptor used by the holder to identify

2838 the abandoned ~~unclaimed~~ property.

2839 (b) Social security numbers and property identifiers

2840 contained in reports required under this section, held by the

2841 department, are confidential and exempt from s. 119.07(1) and s.

2842 24(a), Art. I of the State Constitution.

2843 (c) This exemption applies to social security numbers and

2844 property identifiers held by the department before, on, or after

2845 the effective date of this exemption.

2846 Section 56. Section 717.118, Florida Statutes, is amended

2847 to read:

2848 717.118 Notification of apparent owners of abandoned

2849 ~~unclaimed~~ property.—

2850 (1) It is specifically recognized that the state has an

2851 obligation to make an effort to notify apparent owners in a

2852 cost-effective manner that their abandoned property has been

2853 reported and remitted to the department ~~of unclaimed property in~~

2854 ~~a cost-effective manner~~ . In order to provide all the citizens of

2855 this state an effective and efficient program for the recovery

2856 of abandoned personal ~~unclaimed~~ property, the department shall

2857 use cost-effective means to make at least one active attempt to

2858 notify apparent owners of abandoned ~~unclaimed~~ property ~~accounts~~

2859 valued at $50 or more, abandoned tangible property, and

2860 abandoned shares of stock for which ~~more than $250 with~~ a

2861 reported address or taxpayer identification number is available .

2862 Such active attempt to notify apparent owners shall include any

2863 attempt by the department to directly contact the apparent

2864 owner. Other means of notification, such as publication of the

2865 names of apparent owners in the newspaper, on television, on the

2866 Internet, or through other promotional efforts and items in

2867 which the department does not directly attempt to contact the

2868 apparent owner are expressly declared to be passive attempts.

2869 ~~Nothing in~~ This subsection does not preclude ~~precludes~~ other

2870 agencies or entities of state government from notifying owners

2871 of the existence of abandoned ~~unclaimed~~ property or attempting

2872 to notify apparent owners of abandoned ~~unclaimed~~ property.

2873 (2) Notification provided directly to individual apparent

2874 owners shall contain ~~consist of~~ a description of the abandoned

2875 property and information regarding recovery of the ~~unclaimed~~

2876 property from the department. The form and content of the

2877 department’s notice must be tailored to the type of property

2878 reported and must include any information necessary to

2879 reasonably inform the apparent owner of the consequences of

2880 failure to claim the property, including potential sale or

2881 disposition under s. 717.122.

2882 (3) The department shall maintain a publicly accessible,

2883 electronically searchable website that includes the names of

2884 apparent owners of abandoned property reported to the department

2885 and instructions for filing a claim. The website must list

2886 property valued at $10 or more and provide instructions for

2887 filing a claim. Abandoned property valued at less than $10

2888 remains recoverable from the department in accordance with this

2889 chapter.

2890 (4) This section is not applicable to abandoned sums

2891 payable on traveler’s checks, money orders, and other written

2892 instruments ~~presumed unclaimed~~ under s. 717.104 , or any other

2893 abandoned property reported without the necessary identifying

2894 information to establish ownership .

2895 Section 57. Section 717.119, Florida Statutes, is amended

2896 to read:

2897 717.119 Payment or delivery of abandoned ~~unclaimed~~

2898 property.—

2899 (1) Every person who is required to file a report under s.

2900 717.117 shall simultaneously pay or deliver to the department

2901 all abandoned ~~unclaimed~~ property required to be reported. Such

2902 payment or delivery shall accompany the report as required in

2903 this chapter for the preceding calendar year.

2904 (2) Payment of abandoned ~~unclaimed~~ funds may be made to the

2905 department by electronic funds transfer.

2906 (3) If the apparent owner establishes the right to receive

2907 the abandoned ~~unclaimed~~ property to the satisfaction of the

2908 holder before the property has been delivered to the department

2909 or it appears that for some other reason ~~the presumption~~ that

2910 the property was erroneously classified as abandoned is

2911 ~~unclaimed is erroneous~~ , the holder need not pay or deliver the

2912 property to the department. In lieu of delivery, the holder

2913 shall file a verified written explanation of the proof of claim

2914 or of the error in classification of ~~the presumption that~~ the

2915 property as abandoned ~~was unclaimed~~ .

2916 (4) All virtual currency reported under this chapter on the

2917 annual report filing required in s. 717.117 shall be remitted to

2918 the department with the report. The holder shall liquidate the

2919 virtual currency and remit the proceeds to the department. The

2920 liquidation must occur within 30 days before the filing of the

2921 report. Upon delivery of the virtual currency proceeds to the

2922 department, the holder is relieved of all liability of every

2923 kind in accordance with the provisions of s. 717.1201 to every

2924 person for any losses or damages resulting to the person by the

2925 delivery to the department of the virtual currency proceeds.

2926 (5) All stock or other intangible ownership interest

2927 reported under this chapter on the annual report filing required

2928 in s. 717.117 shall be remitted to the department with the

2929 report. Upon delivery of the stock or other intangible ownership

2930 interest to the department, the holder and any transfer agent,

2931 registrar, or other person acting for or on behalf of a holder

2932 is relieved of all liability of every kind in accordance with

2933 the provisions of s. 717.1201 to every person for any losses or

2934 damages resulting to the person by the delivery to the

2935 department of the stock or other intangible ownership interest.

2936 (6) All intangible and tangible property held in a safe

2937 deposit box or any other safekeeping repository reported under

2938 s. 717.117 shall not be delivered to the department until 120

2939 days after the report due date. The delivery of the property,

2940 through the United States mail or any other carrier, shall be

2941 insured by the holder at an amount equal to the estimated value

2942 of the property. Each package shall be clearly marked on the

2943 outside “Deliver Unopened.” A holder’s safe-deposit box contents

2944 shall be delivered to the department in a single shipment. In

2945 lieu of a single shipment, holders may provide the department

2946 with a single detailed shipping schedule that includes package

2947 tracking information for all packages being sent pursuant to

2948 this section.

2949 (a) Holders may remit the value of cash and coins found in

2950 abandoned ~~unclaimed~~ safe-deposit boxes to the department by

2951 cashier’s check or by electronic funds transfer, unless the cash

2952 or coins have a value above face value. The department shall

2953 identify by rule those cash and coin items having a numismatic

2954 value. Cash and coin items identified as having a numismatic

2955 value shall be remitted to the department in their original

2956 form.

2957 (b) Any firearm or ammunition found in an abandoned

2958 ~~unclaimed~~ safe-deposit box or any other safekeeping repository

2959 shall be delivered by the holder to a law enforcement agency for

2960 property handling or disposal pursuant to s. 705.103(2)(b) . If

2961 the firearm is sold by the law enforcement agency, ~~with~~ the

2962 balance of the proceeds must be deposited into the State School

2963 Fund ~~if the firearm is sold~~ . ~~However,~~ The department is

2964 authorized to make a reasonable attempt to ascertain the

2965 historical value to collectors of any firearm that has been

2966 delivered to the department. Any firearm appearing to have

2967 historical value to collectors may be sold by the department

2968 pursuant to s. 717.122 to a person having a federal firearms

2969 license. Any firearm which is not sold pursuant to s. 717.122

2970 shall be delivered by the department to a law enforcement agency

2971 in this state for proper handling or disposal . In accordance

2972 with ~~pursuant to~~ s. 705.103(2)(b) , if the firearm is sold by the

2973 law enforcement agency, ~~with~~ the balance of the proceeds must be

2974 deposited into the State School Fund ~~if the firearm is sold~~ . The

2975 department is ~~shall~~ not be administratively, civilly, or

2976 criminally liable for any firearm delivered by the department to

2977 a law enforcement agency in this state for disposal.

2978 (c) If such property is not paid or delivered to the

2979 department on or before the applicable payment or delivery date,

2980 the holder shall pay to the department a penalty for each safe

2981 deposit box shipment received late. The penalty shall be $100

2982 for a safe-deposit box shipment container that is late 30 days

2983 or less. Thereafter, the penalty shall be $500 for a safe

2984 deposit box shipment container that is late for each additional

2985 successive 30-day period. The penalty assessed against a holder

2986 for a late safe-deposit box shipment container may ~~shall~~ not

2987 exceed $4,000 annually. The penalty shall be remitted to the

2988 department within 30 days after the date of the notification to

2989 the holder that the penalty is due and owing.

2990 (d) The department may waive any penalty due with

2991 appropriate justification, as provided by rule.

2992 (e) If a will or trust instrument is included among the

2993 contents of an abandoned a safe-deposit box or other safekeeping

2994 repository delivered to the department, the department must

2995 provide a copy of the will, trust, and any codicils or

2996 amendments to such will or trust instrument, upon request, to

2997 anyone who provides the department with a certified copy of the

2998 death certificate or another government-certified record

2999 evidencing ~~evidence of~~ the death of the testator or settlor.

3000 (7) Any holder may request an extension in writing of up to

3001 60 days for the delivery of property if extenuating

3002 circumstances exist for the late delivery of the property. Any

3003 such extension the department may grant shall be in writing.

3004 (8) A holder may not assign or otherwise transfer its

3005 obligation to report, pay, or deliver property or to comply with

3006 the provisions of this chapter, other than to a parent,

3007 subsidiary, or affiliate of the holder.

3008 (a) Unless otherwise agreed to by the parties to a

3009 transaction, the holder’s successor by merger or consolidation,

3010 or any person or entity that acquires all or substantially all

3011 of the holder’s capital stock or assets, is responsible for

3012 fulfilling the holder’s obligation to report, pay, or deliver

3013 property or to comply with the duties of this chapter regarding

3014 the transfer of property owed to the holder’s successor and

3015 being held for an owner resulting from the merger,

3016 consolidation, or acquisition.

3017 (b) This subsection does not prohibit a holder from

3018 contracting with a third party for the reporting of abandoned

3019 ~~unclaimed~~ property, but the holder remains responsible to the

3020 department for the complete, accurate, and timely reporting of

3021 the property.

3022 Section 58. Subsections (1), (2), and (4) of section

3023 717.1201, Florida Statutes, are amended to read:

3024 717.1201 Custody by state; holder liability; reimbursement

3025 of holder paying claim; reclaiming for owner; payment of safe

3026 deposit box or repository charges.—

3027 (1) Upon the good faith payment or delivery of abandoned

3028 ~~unclaimed~~ property to the department, the state assumes custody

3029 and responsibility for the safekeeping of the property. Any

3030 person who pays or delivers abandoned ~~unclaimed~~ property to the

3031 department in good faith is relieved of all liability to the

3032 extent of the value of the property paid or delivered for any

3033 claim then existing or which thereafter may arise or be made

3034 with in respect to the property.

3035 (a) A holder’s substantial compliance with the due

3036 diligence provisions in s. 717.117 ~~s. 717.117(6)~~ and good faith

3037 payment or delivery of abandoned ~~unclaimed~~ property to the

3038 department releases the holder from liability that may arise

3039 from such payment or delivery, and such delivery and payment may

3040 be pleaded as a defense in any suit or action brought by reason

3041 of such delivery or payment. This section does not relieve a

3042 fiduciary of his or her duties under the Florida Trust Code or

3043 Florida Probate Code.

3044 (b) If the holder pays or delivers property to the

3045 department in good faith and thereafter any other person claims

3046 the property from the holder paying or delivering, or another

3047 state claims the money or property under that state’s laws

3048 relating to escheat or abandoned or unclaimed property, the

3049 department, upon written notice of the claim, shall defend the

3050 holder against the claim and indemnify the holder against any

3051 liability on the claim, except that a holder may not be

3052 indemnified against penalties imposed by another state.

3053 (2) For the purposes of this section, a payment or delivery

3054 of abandoned ~~unclaimed~~ property is made in good faith if:

3055 (a) The payment or delivery was made in conjunction with an

3056 accurate and acceptable report.

3057 (b) The payment or delivery was made in a reasonable

3058 attempt to comply with this chapter and other applicable general

3059 law.

3060 (c) The holder had a reasonable basis for believing, based

3061 on the facts then known, that the property was abandoned

3062 ~~unclaimed~~ and subject to this chapter.

3063 (d) There is no showing that the records pursuant to which

3064 the delivery was made did not meet reasonable commercial

3065 standards of practice in the industry.

3066 (4) Any holder who has delivered property, including a

3067 certificate of any interest in a business association, other

3068 than money to the department pursuant to this chapter may

3069 reclaim the property if still in the possession of the

3070 department, without payment of any fee or other charges, upon

3071 filing proof that the person entitled to the property ~~owner~~ has

3072 claimed it ~~the property~~ from the holder.

3073 Section 59. Section 717.122, Florida Statutes, is amended

3074 to read:

3075 717.122 Public sale of abandoned ~~unclaimed~~ property.—

3076 (1) Except as provided in paragraph (2)(a), the department

3077 after the receipt of abandoned ~~unclaimed~~ property shall sell it

3078 to the highest bidder at public sale on the Internet or at a

3079 specified physical location wherever in the judgment of the

3080 department the most favorable market for the property involved

3081 exists. The department may decline the highest bid and reoffer

3082 the property for sale if in the judgment of the department the

3083 bid is insufficient. The department shall have the discretion to

3084 withhold from sale any abandoned ~~unclaimed~~ property that the

3085 department deems to be of benefit to the people of the state. If

3086 in the judgment of the department the probable cost of sale

3087 exceeds the value of the property, it need not be offered for

3088 sale and may be disposed of as the department determines

3089 appropriate. Any sale at a specified physical location held

3090 under this section must be preceded by a single publication of

3091 notice, at least 3 weeks in advance of sale, in a newspaper of

3092 general circulation in the county in which the property is to be

3093 sold. The department shall proportionately deduct auction fees,

3094 preparation costs, and expenses from the amount posted to an ~~the~~

3095 ~~owner’s~~ account for an abandoned ~~when~~ safe-deposit box when the

3096 contents are sold. No action or proceeding may be maintained

3097 against the department for or on account of any decision to

3098 decline the highest bid or withhold any abandoned ~~unclaimed~~

3099 property from sale.

3100 (2)(a) Securities listed on an established stock exchange

3101 must be sold at prices prevailing at the time of sale on the

3102 exchange. Other securities may be sold over the counter at

3103 prices prevailing at the time of sale or by any other method the

3104 department deems advisable. The department may authorize the

3105 agent or broker acting on behalf of the department to deduct

3106 fees from the proceeds of these sales at a rate agreed upon in

3107 advance by the agent or broker and the department. The

3108 department shall reimburse owners’ accounts for these brokerage

3109 fees from the State School Fund unless the securities are sold

3110 at the owner’s request.

3111 (b) Unless the department deems it to be in the public

3112 interest to do otherwise, all abandoned securities ~~presumed~~

3113 ~~unclaimed and~~ delivered to the department may be sold upon

3114 receipt. Any person making a claim pursuant to this chapter is

3115 entitled to receive either the securities delivered to the

3116 department by the holder, if they still remain in the hands of

3117 the department, or the proceeds received from sale, but no

3118 person has any claim under this chapter against the state, the

3119 holder, any transfer agent, any registrar, or any other person

3120 acting for or on behalf of a holder for any appreciation in the

3121 value of the property occurring after delivery by the holder to

3122 the state.

3123 (c) Certificates for abandoned ~~unclaimed~~ stock or other

3124 equity interest of business associations that cannot be canceled

3125 and registered in the department’s name or that cannot be

3126 readily liquidated and converted into the currency of the United

3127 States may be sold for the value of the certificate, if any, in

3128 accordance with subsection (1) or may be destroyed in accordance

3129 with s. 717.128.

3130 (3) The purchaser of property at any sale conducted by the

3131 department pursuant to this chapter is entitled to ownership of

3132 the property purchased free from all claims of the owner or

3133 previous holder thereof and of all persons claiming through or

3134 under them. The department shall execute all documents necessary

3135 to complete the transfer of ownership.

3136 (4) The sale of abandoned ~~unclaimed~~ tangible personal

3137 property is not subject to tax under chapter 212 when such

3138 property is sold by or on behalf of the department pursuant to

3139 this section.

3140 Section 60. Section 717.123, Florida Statutes, is amended

3141 to read:

3142 717.123 Deposit of funds.—

3143 (1) All funds received under this chapter, including the

3144 proceeds from the sale of abandoned ~~unclaimed~~ property under s.

3145 717.122, shall immediately ~~forthwith~~ be deposited by the

3146 department in the Unclaimed Property Trust Fund. The department

3147 shall retain, from funds received under this chapter, an amount

3148 not exceeding $15 million from which the department shall make

3149 prompt payment of claims allowed by the department and shall pay

3150 the costs incurred by the department in administering and

3151 enforcing this chapter. All remaining funds received by the

3152 department under this chapter shall be deposited by the

3153 department into the State School Fund.

3154 (2) The department shall record the name and last known

3155 address of each person appearing from the holder’s reports to be

3156 entitled to the abandoned ~~unclaimed~~ property in the total

3157 amounts of $5 or greater; the name and the last known address of

3158 each insured person or annuitant; and with respect to each

3159 policy or contract listed in the report of an insurance

3160 corporation, its number, the name of the corporation, and the

3161 amount due.

3162 Section 61. Section 717.1235, Florida Statutes, is amended

3163 to read:

3164 717.1235 Dormant campaign accounts ~~; report of unclaimed~~

3165 ~~property~~ .— Abandoned ~~Unclaimed~~ funds reported in the name of a

3166 campaign for public office, for any campaign that must dispose

3167 of surplus funds in its campaign account pursuant to s. 106.141,

3168 after being reported to the department, shall be deposited with

3169 the Chief Financial Officer to the credit of the State School

3170 Fund.

3171 Section 62. Section 717.124, Florida Statutes, is amended

3172 to read:

3173 717.124 Abandoned ~~Unclaimed~~ property claims.—

3174 (1) Any person, excluding another state, claiming an

3175 interest in any property paid or delivered to the department

3176 under this chapter may file with the department a claim on a

3177 form prescribed by the department and verified by the claimant

3178 or the claimant ~~claimant’s~~ representative. ~~The claimant’s~~

3179 ~~representative must be an attorney licensed to practice law in~~

3180 ~~this state, a licensed Florida-certified public accountant, or a~~

3181 ~~private investigator licensed under chapter 493.~~ The claimant

3182 ~~claimant’s~~ representative must be registered with the department

3183 under this chapter. The claimant, or the claimant ~~claimant’s~~

3184 representative, shall provide the department with a legible copy

3185 of a valid driver license of the claimant at the time the

3186 original claim form is filed. If the claimant has not been

3187 issued a valid driver license at the time the original claim

3188 form is filed, the department must ~~shall~~ be provided with a

3189 legible copy of a photographic identification of the claimant

3190 issued by the United States, a state or territory of the United

3191 States, a foreign nation, or a political subdivision or agency

3192 thereof or other evidence deemed acceptable by the department by

3193 rule. In lieu of photographic identification, a notarized sworn

3194 statement by the claimant may be provided which affirms the

3195 claimant’s identity and states the claimant’s full name and

3196 address. The claimant must produce to the notary photographic

3197 identification of the claimant issued by the United States, a

3198 state or territory of the United States, a foreign nation, or a

3199 political subdivision or agency thereof or other evidence deemed

3200 acceptable by the department by rule. The notary shall indicate

3201 the notary’s full address on the notarized sworn statement. Any

3202 claim filed without the required identification or the sworn

3203 statement with the original claim form and the original

3204 Abandoned ~~Unclaimed~~ Property Recovery Agreement or Abandoned

3205 ~~Unclaimed~~ Property Purchase Agreement, if applicable, is void.

3206 (a) Within 90 days after receipt of a claim, the department

3207 may return any claim that provides for the receipt of fees and

3208 costs greater than that permitted under this chapter or that

3209 contains any apparent errors or omissions. The department may

3210 also request that the claimant or the claimant ~~claimant’s~~

3211 representative provide additional information. The department

3212 shall retain a copy or electronic image of the claim.

3213 (b) A claim is ~~considered to have been~~ withdrawn ~~by a~~

3214 ~~claimant or the claimant’s representative~~ if any of the

3215 following applies: ~~the department does not receive a response to~~

3216 ~~its request for additional information within 60 days after the~~

3217 ~~notification of any apparent errors or omissions.~~

3218 1. The department receives a written acknowledgment from

3219 the claimant confirming withdrawal of the claim.

3220 2. The department receives a written notice to withdraw the

3221 claim from a claimant representative which is accompanied by

3222 written authorization from the claimant expressly approving

3223 withdrawal of the claim.

3224 a. The authorization must state the reason for the

3225 withdrawal, contain an acknowledgment that the claimant

3226 understands that withdrawal will affect the processing of that

3227 claim and may affect the processing of other pending claims, and

3228 must be signed by the claimant.

3229 b. The claimant’s authorization must be submitted

3230 concurrently with, or as part of, the withdrawal notice.

3231 3. The claimant or the claimant’s representative fails to

3232 respond to the department’s written request for additional

3233 information within 60 days after the department provides notice

3234 of any apparent errors or omissions.

3235 (c) Within 90 days after receipt of the claim, or the

3236 response of the claimant or the claimant ~~claimant’s~~

3237 representative to the department’s request for additional

3238 information, whichever is later, the department shall determine

3239 each claim. Such determination shall contain a notice of rights

3240 provided by ss. 120.569 and 120.57. The 90-day period shall be

3241 extended by 60 days if the department has good cause to need

3242 additional time or if the abandoned ~~unclaimed~~ property:

3243 1. Is owned by a person who has been a debtor in

3244 bankruptcy;

3245 2. Was reported with an address outside of the United

3246 States;

3247 3. Is being claimed by a person outside of the United

3248 States; or

3249 4. Contains documents filed in support of the claim that

3250 are not in the English language and have not been accompanied by

3251 an English language translation.

3252 (2) A claim for a cashier’s check or a stock certificate

3253 without the original instrument may require an indemnity bond

3254 equal to the value of the claim to be provided prior to issue of

3255 the stock or payment of the claim by the department.

3256 (3) The department may require an affidavit swearing to the

3257 authenticity of the claim, lack of documentation, and an

3258 agreement to allow the department to provide the name and

3259 address of the claimant to subsequent claimants coming forward

3260 with substantiated proof to claim the account. This shall apply

3261 to claims equal to or less than $250. The exclusive remedy of a

3262 subsequent claimant to the property shall be against the person

3263 who received the property from the department.

3264 (4)(a) Except as otherwise provided in this chapter, if a

3265 claim is determined in favor of the claimant, the department

3266 shall deliver or pay over to the claimant the property or the

3267 amount the department actually received or the proceeds if it

3268 has been sold by the department, together with any additional

3269 amount required by s. 717.121.

3270 (b) If a claimant ~~an owner~~ authorizes a claimant

3271 representative ~~an attorney licensed to practice law in this~~

3272 ~~state, a Florida-certified public accountant, or a private~~

3273 ~~investigator licensed under chapter 493, and~~ registered with the

3274 department under this chapter , to claim the abandoned ~~unclaimed~~

3275 property on the claimant’s ~~owner’s~~ behalf, the department is

3276 authorized to make distribution of the property or money in

3277 accordance with the Abandoned ~~Unclaimed~~ Property Recovery

3278 Agreement or Abandoned ~~Unclaimed~~ Property Purchase Agreement

3279 under s. 717.135. The original Abandoned ~~Unclaimed~~ Property

3280 Recovery Agreement or Abandoned ~~Unclaimed~~ Property Purchase

3281 Agreement must be executed by the claimant or seller and must be

3282 filed with the department.

3283 (c)1. Payments of approved claims for unclaimed cash

3284 accounts must be made to the owner after deducting any fees and

3285 costs authorized by the claimant under an Abandoned ~~Unclaimed~~

3286 Property Recovery Agreement. The contents of a safe-deposit box

3287 or shares of securities must be delivered directly to the

3288 claimant.

3289 2. Payments of fees and costs authorized under an Abandoned

3290 ~~Unclaimed~~ Property Recovery Agreement for approved claims must

3291 be made or issued to the law firm of the designated attorney

3292 licensed to practice law in this state, the public accountancy

3293 firm of the licensed Florida-certified public accountant, or the

3294 designated employing private investigative agency licensed by

3295 this state. Such payments shall be made by electronic funds

3296 transfer and may be made on such periodic schedule as the

3297 department may define by rule, provided the payment intervals do

3298 not exceed 31 days. Payment made to an attorney licensed in this

3299 state, a Florida-certified public accountant, or a private

3300 investigator licensed under chapter 493, operating individually

3301 or as a sole practitioner, must be to the attorney, certified

3302 public accountant, or private investigator.

3303 (5) The department is ~~shall~~ not be administratively,

3304 civilly, or criminally liable for any property or funds

3305 distributed pursuant to this section, provided such distribution

3306 is made in good faith.

3307 (6) This section does not supersede the licensing

3308 requirements of chapter 493.

3309 (7) The department may allow an apparent owner to

3310 electronically submit a claim for abandoned ~~unclaimed~~ property

3311 to the department. If a claim is submitted electronically for

3312 $2,000 or less, the department may use a method of identity

3313 verification other than a copy of a valid driver license, other

3314 government-issued photographic identification, or a sworn

3315 notarized statement. The department may adopt rules to implement

3316 this subsection.

3317 (8) Notwithstanding any other provision of this chapter,

3318 the department may develop and implement an identification

3319 verification and disbursement process by which an account valued

3320 at $2,000 or less, after being received by the department and

3321 added to the abandoned ~~unclaimed~~ property database, may be

3322 disbursed to an apparent owner after the department has verified

3323 that the apparent owner is living and that the apparent owner’s

3324 current address is correct. The department shall include with

3325 the payment a notification and explanation of the dollar amount,

3326 the source, and the property type of each account included in

3327 the disbursement. The department shall adopt rules to implement

3328 this subsection.

3329 (9)(a) Notwithstanding any other provision of this chapter,

3330 the department may develop and implement a verification and

3331 disbursement process by which an account, after being received

3332 by the department and added to the abandoned ~~unclaimed~~ property

3333 database, for which the apparent owner entity is:

3334 1. A state agency in this state or a subdivision or

3335 successor agency thereof;

3336 2. A county government in this state or a subdivision

3337 thereof;

3338 3. A public school district in this state or a subdivision

3339 thereof;

3340 4. A municipality in this state or a subdivision thereof;

3341 or

3342 5. A special taxing district or authority in this state,

3344 may be disbursed to the apparent owner entity or successor

3345 entity. The department shall include with the payment a

3346 notification and explanation of the dollar amount, the source,

3347 and the property type of each account included in the

3348 disbursement.

3349 (b) The department may adopt rules to implement this

3350 subsection.

3351 (10) Notwithstanding any other provision of this chapter,

3352 the department may develop a process by which a claimant

3353 ~~claimant’s~~ representative ~~or a buyer of unclaimed property~~ may

3354 electronically submit to the department an electronic image of a

3355 completed claim and claims-related documents under this chapter,

3356 including an Abandoned ~~Unclaimed~~ Property Recovery Agreement or

3357 Abandoned ~~Unclaimed~~ Property Purchase Agreement that has been

3358 signed and dated by a claimant or seller under s. 717.135, after

3359 the claimant ~~claimant’s~~ representative ~~or the buyer of unclaimed~~

3360 ~~property~~ receives the original documents provided by the

3361 claimant or the seller for any claim. Each claim filed by a

3362 claimant ~~claimant’s~~ representative ~~or a buyer of unclaimed~~

3363 ~~property~~ must include a statement by the claimant ~~claimant’s~~

3364 representative ~~or the buyer of unclaimed property~~ attesting that

3365 all documents are true copies of the original documents and that

3366 all original documents are physically in the possession of the

3367 claimant ~~claimant’s~~ representative ~~or the buyer of unclaimed~~

3368 ~~property~~ . All original documents must be kept in the original

3369 form, by claim number, under the secure control of the claimant

3370 ~~claimant’s~~ representative ~~or the buyer of unclaimed property~~ and

3371 must be available for inspection by the department in accordance

3372 with s. 717.1315. The department may adopt rules to implement

3373 this subsection.

3374 (11) This section applies to all abandoned ~~unclaimed~~

3375 property reported and remitted to the Chief Financial Officer,

3376 including, but not limited to, property reported pursuant to ss.

3377 45.032, 732.107, 733.816, and 744.534.

3378 Section 63. Section 717.12403, Florida Statutes, is amended

3379 to read:

3380 717.12403 Abandoned ~~Unclaimed~~ demand, savings, or checking

3381 account in a financial institution held in the name of more than

3382 one person.—

3383 (1)(a) If an abandoned ~~unclaimed~~ demand, savings, or

3384 checking account in a financial institution is reported as an

3385 “and” account in the name of two or more persons who are not

3386 beneficiaries, it is presumed that each person must claim the

3387 account in order for the claim to be approved by the department.

3388 This presumption may be rebutted by showing that entitlement to

3389 the account has been transferred to another person or by clear

3390 and convincing evidence demonstrating that the account should

3391 have been reported by the financial institution as an “or”

3392 account.

3393 (b) If an abandoned ~~unclaimed~~ demand, savings, or checking

3394 account in a financial institution is reported as an “and”

3395 account and one of the persons on the account is deceased, it is

3396 presumed that the account is a survivorship account. This

3397 presumption may be rebutted by showing that entitlement to the

3398 account has been transferred to another person or by clear and

3399 convincing evidence demonstrating that the account is not a

3400 survivorship account.

3401 (2) If an abandoned ~~unclaimed~~ demand, savings, or checking

3402 account in a financial institution is reported as an “or”

3403 account in the name of two or more persons who are not

3404 beneficiaries, it is presumed that either person listed on the

3405 account may claim the entire amount held in the account. This

3406 presumption may be rebutted by showing that entitlement to the

3407 account has been transferred to another person or by clear and

3408 convincing evidence demonstrating that the account should have

3409 been reported by the financial institution as an “and” account.

3410 (3) If an abandoned ~~unclaimed~~ demand, savings, or checking

3411 account in a financial institution is reported in the name of

3412 two or more persons who are not beneficiaries without

3413 identifying whether the account is an “and” account or an “or”

3414 account, it is presumed that the account is an “or” account.

3415 This presumption may be rebutted by showing that entitlement to

3416 the account has been transferred to another person or by clear

3417 and convincing evidence demonstrating that the account should

3418 have been reported by the financial institution as an “and”

3419 account.

3420 (4) The department shall be deemed to have made a

3421 distribution in good faith if the department remits funds

3422 consistent with this section.

3423 Section 64. Subsection (2) of section 717.12404, Florida

3424 Statutes, is amended to read:

3425 717.12404 Claims on behalf of a business entity or trust.—

3426 (2) Claims on behalf of an active or a dissolved

3427 corporation, a business entity ~~other than an active corporation~~ ,

3428 or a trust must include a legible copy of a valid driver license

3429 of the person acting on behalf of the ~~dissolved~~ corporation,

3430 business entity ~~other than an active corporation~~ , or trust. If

3431 the person has not been issued a valid driver license, the

3432 department shall be provided with a legible copy of a

3433 photographic identification of the person issued by the United

3434 States, a foreign nation, or a political subdivision or agency

3435 thereof. In lieu of photographic identification, a notarized

3436 sworn statement by the person may be provided which affirms the

3437 person’s identity and states the person’s full name and address.

3438 The person must produce his or her photographic identification

3439 issued by the United States, a state or territory of the United

3440 States, a foreign nation, or a political subdivision or agency

3441 thereof or other evidence deemed acceptable by the department by

3442 rule. The notary shall indicate the notary’s full address on the

3443 notarized sworn statement. Any claim filed without the required

3444 identification or the sworn statement with the original claim

3445 form and the original Abandoned ~~Unclaimed~~ Property Recovery

3446 Agreement or Abandoned ~~Unclaimed~~ Property Purchase Agreement, if

3447 applicable, is void.

3448 Section 65. Section 717.12405, Florida Statutes, is amended

3449 to read:

3450 717.12405 Claims by estates.—An estate or any person

3451 representing an estate or acting on behalf of an estate may

3452 claim abandoned ~~unclaimed~~ property only after the heir or

3453 legatee of the decedent entitled to the property has been

3454 located. Any estate, or any person representing an estate or

3455 acting on behalf of an estate, that receives abandoned ~~unclaimed~~

3456 property before the heir or legatee of the decedent entitled to

3457 the property has been located, is personally liable for the

3458 abandoned ~~unclaimed~~ property and must immediately return the

3459 full amount of the abandoned ~~unclaimed~~ property or the value

3460 thereof to the department in accordance with s. 717.1341.

3461 Section 66. Section 717.12406, Florida Statutes, is amended

3462 to read:

3463 717.12406 Joint ownership of abandoned ~~unclaimed~~ securities

3464 or dividends.—For the purpose of determining joint ownership of

3465 abandoned ~~unclaimed~~ securities or dividends, the term:

3466 (1) “TEN COM” means tenants in common.

3467 (2) “TEN ENT” means tenants by the entireties.

3468 (3) “JT TEN” or “JT” means joint tenants with the right of

3469 survivorship and not as tenants in common.

3470 (4) “And” means tenants in common with each person entitled

3471 to an equal pro rata share.

3472 (5) “Or” means that each person listed on the account is

3473 entitled to all of the funds.

3474 Section 67. Section 717.1241, Florida Statutes, is amended

3475 to read:

3476 717.1241 Conflicting claims.—

3477 (1) For purposes of this section, the term “conflicting

3478 claim” means two or more claims received by the department for

3479 the same abandoned property account or accounts in which two or

3480 more claimants appear to be equally entitled to the property.

3481 The term also includes circumstances in which the same claimant

3482 has more than one claim pending for the same property, including

3483 when the claimant is represented by more than one claimant

3484 representative or submits both a personal claim and a claim

3485 through a representative.

3486 (2) When conflicting claims have been received by the

3487 department for the same abandoned ~~unclaimed~~ property account or

3488 accounts, the property shall be remitted in accordance with the

3489 claim filed by the person as follows, notwithstanding the

3490 withdrawal of a claim:

3491 (a) To the person submitting the first claim received by

3492 the ~~Division of Unclaimed Property of the~~ department that is

3493 complete or made complete.

3494 (b) If a claimant’s claim and a claimant ~~claimant’s~~

3495 representative’s claim for the recovery of property are received

3496 by the ~~Division of Unclaimed Property of the~~ department on the

3497 same day and both claims are complete, to the claimant.

3498 (c) If a buyer’s claim or a purchasing claimant

3499 representative’s claim and a claimant’s claim or a claimant

3500 ~~claimant’s~~ representative’s claim for the recovery of property

3501 are received by the ~~Division of Unclaimed Property of the~~

3502 department on the same day and the claims are complete, to the

3503 buyer.

3504 (d) As between two or more claimant representatives’

3505 ~~claimant’s representative’s~~ claims received by the ~~Division of~~

3506 ~~Unclaimed Property of~~ the department that are complete or made

3507 complete on the same day, to the claimant ~~claimant’s~~

3508 representative who has agreed to receive the lowest fee. If the

3509 two or more claimant ~~claimant’s~~ representatives whose claims

3510 received by ~~the Division of Unclaimed Property of~~ the department

3511 were complete or made complete on the same day are charging the

3512 same ~~lowest~~ fee, the fee shall be divided equally between the

3513 claimant ~~claimant’s~~ representatives.

3514 (e) If more than one buyer’s claim received by the ~~Division~~

3515 ~~of Unclaimed Property of the~~ department is complete or made

3516 complete on the same day, the department shall remit the

3517 abandoned ~~unclaimed~~ property to the buyer who paid the highest

3518 amount to the seller. If the buyers paid the same amount to the

3519 seller, the department shall remit the abandoned ~~unclaimed~~

3520 property to the buyers divided in equal amounts.

3521 (3) ~~(2)~~ The purpose of this section is solely to provide

3522 guidance to the department regarding to whom it should remit the

3523 abandoned ~~unclaimed~~ property and is not intended to extinguish

3524 or affect any private cause of action that any person may have

3525 against another person for breach of contract or other statutory

3526 or common-law remedy. A buyer’s sole remedy, if any, shall be

3527 against the claimant ~~claimant’s~~ representative or the seller, or

3528 both. A claimant ~~claimant’s~~ representative’s sole remedy, if

3529 any, shall be against the buyer or the seller, or both. A

3530 claimant’s or seller’s sole remedy, if any, shall be against the

3531 buyer or the claimant ~~claimant’s~~ representative, or both.

3532 Nothing in this section forecloses the right of a person to

3533 challenge the department’s determination of completeness in a

3534 proceeding under ss. 120.569 and 120.57.

3535 (4) ~~(3)~~ A claim is complete when entitlement to the

3536 abandoned ~~unclaimed~~ property has been established.

3537 Section 68. Subsection (1) of section 717.1242, Florida

3538 Statutes, is amended to read:

3539 717.1242 Restatement of jurisdiction of the circuit court

3540 sitting in probate and the department.—

3541 (1) It is and has been the intent of the Legislature that,

3542 pursuant to s. 26.012(2)(b), circuit courts have jurisdiction of

3543 proceedings relating to the settlement of the estates of

3544 decedents and other jurisdiction usually pertaining to courts of

3545 probate. It is and has been the intent of the Legislature that,

3546 pursuant to this chapter, the department determines the merits

3547 of claims and entitlement to abandoned ~~unclaimed~~ property paid

3548 or delivered to the department under this chapter. Consistent

3549 with this legislative intent, any beneficiary, devisee, heir,

3550 personal representative, or other interested person, as those

3551 terms are defined in the Florida Probate Code and the Florida

3552 Trust Code, of an estate seeking to obtain property paid or

3553 delivered to the department under this chapter must file a claim

3554 with the department as provided in s. 717.124.

3555 Section 69. Subsections (1) and (4) of section 717.1243,

3556 Florida Statutes, are amended to read:

3557 717.1243 Small estate accounts.—

3558 (1) A claim for abandoned ~~unclaimed~~ property made by a

3559 beneficiary, as defined in s. 731.201, of a deceased owner need

3560 not be accompanied by an order of a probate court if the

3561 claimant files with the department an affidavit, signed by all

3562 beneficiaries, stating that all the beneficiaries have amicably

3563 agreed among themselves upon a division of the estate and that

3564 all funeral expenses, expenses of the last illness, and any

3565 other lawful claims have been paid, and any additional

3566 information reasonably necessary to make a determination of

3567 entitlement. If the owner died testate, the claim shall be

3568 accompanied by a copy of the will.

3569 (4) This section applies only if all of the abandoned

3570 ~~unclaimed~~ property held by the department on behalf of the owner

3571 has an aggregate value of $20,000 or less and no probate

3572 proceeding is pending.

3573 Section 70. Section 717.1244, Florida Statutes, is amended

3574 to read:

3575 717.1244 Determinations of abandoned ~~unclaimed~~ property

3576 claims.—In rendering a determination regarding the merits of an

3577 abandoned ~~unclaimed~~ property claim, the department shall rely on

3578 the applicable statutory, regulatory, common, and case law.

3579 Agency statements applying the statutory, regulatory, common,

3580 and case law to abandoned ~~unclaimed~~ property claims are not

3581 agency statements subject to s. 120.56(4).

3582 Section 71. Section 717.1245, Florida Statutes, is amended

3583 to read:

3584 717.1245 Garnishment of abandoned ~~unclaimed~~ property.—If

3585 any person files a petition for writ of garnishment seeking to

3586 obtain property paid or delivered to the department under this

3587 chapter, the petitioner shall be ordered to pay the department

3588 reasonable costs and attorney ~~attorney’s~~ fees in any proceeding

3589 brought by the department to oppose, appeal, or collaterally

3590 attack the petition or writ if the department is the prevailing

3591 party in any such proceeding.

3592 Section 72. Subsection (1) of section 717.125, Florida

3593 Statutes, is amended to read:

3594 717.125 Claim of another state to recover property;

3595 procedure.—

3596 (1) At any time after property has been paid or delivered

3597 to the department under this chapter, another state may recover

3598 the property if:

3599 (a) The property was subjected to custody by this state

3600 because the records of the holder did not reflect the last known

3601 address of the apparent owner when the property was presumed

3602 abandoned ~~unclaimed~~ under this chapter, and the other state

3603 establishes that the last known address of the apparent owner or

3604 other person entitled to the property was in that state and

3605 under the laws of that state the property escheated to or was

3606 subject to a claim of abandonment or being unclaimed by that

3607 state;

3608 (b) The last known address of the apparent owner or other

3609 person entitled to the property, as reflected by the records of

3610 the holder, is in the other state and under the laws of that

3611 state the property has escheated to or become subject to a claim

3612 of abandonment by that state;

3613 (c) The records of the holder were erroneous in that they

3614 did not accurately reflect the actual owner of the property and

3615 the last known address of the actual owner is in the other state

3616 and under laws of that state the property escheated to or was

3617 subject to a claim of abandonment by that state;

3618 (d) The property was subject to custody by this state under

3619 s. 717.103(6) and under the laws of the state of domicile of the

3620 holder the property has escheated to or become subject to a

3621 claim of abandonment by that state; or

3622 (e) The property is the sum payable on a traveler’s check,

3623 money order, or other similar instrument that was subjected to

3624 custody by this state under s. 717.104, and the instrument was

3625 purchased in the other state, and under the laws of that state

3626 the property escheated to or became subject to a claim of

3627 abandonment by that state.

3628 Section 73. Subsection (1) of section 717.126, Florida

3629 Statutes, is amended to read:

3630 717.126 Administrative hearing; burden of proof; proof of

3631 entitlement; venue.—

3632 (1) Any person aggrieved by a decision of the department

3633 may petition for a hearing as provided in ss. 120.569 and

3634 120.57. In any proceeding for determination of a claim to

3635 property paid or delivered to the department under this chapter,

3636 the burden shall be upon the claimant to establish entitlement

3637 to the property by a preponderance of evidence. Having the same

3638 name as that reported to the department is not sufficient, in

3639 the absence of other evidence, to prove entitlement to abandoned

3640 ~~unclaimed~~ property.

3641 Section 74. Section 717.1261, Florida Statutes, is amended

3642 to read:

3643 717.1261 Death certificates.—Any person who claims

3644 entitlement to abandoned ~~unclaimed~~ property by means of the

3645 death of one or more persons shall file a copy of the death

3646 certificate of the decedent or decedents that has been certified

3647 as being authentic by the issuing governmental agency.

3648 Section 75. Section 717.1262, Florida Statutes, is amended

3649 to read:

3650 717.1262 Court documents.—Any person who claims entitlement

3651 to abandoned ~~unclaimed~~ property by reason of a court document

3652 shall file a certified copy of the court document with the

3653 department. A certified copy of each pleading filed with the

3654 court to obtain a court document establishing entitlement, filed

3655 within 180 days before the date the claim form was signed by the

3656 claimant or claimant ~~claimant’s~~ representative, must also be

3657 filed with the department.

3658 Section 76. Section 717.129, Florida Statutes, is amended

3659 to read:

3660 717.129 Periods of limitation.—

3661 (1) The expiration before or after July 1, 1987, of any

3662 period of time specified by contract, statute, or court order,

3663 during which a claim for money or property may be made or during

3664 which an action or proceeding may be commenced or enforced to

3665 obtain payment of a claim for money or to recover property, does

3666 not prevent the money or property from being presumed abandoned

3667 ~~unclaimed~~ or affect any duty to file a report or to pay or

3668 deliver abandoned ~~unclaimed~~ property to the department as

3669 required by this chapter.

3670 (2) The department may not commence an action or proceeding

3671 to enforce this chapter with respect to the reporting, payment,

3672 or delivery of property or any other duty of a holder under this

3673 chapter more than 10 years after the duty arose. The period of

3674 limitation established under this subsection is tolled by the

3675 earlier of the department’s or audit agent’s delivery of a

3676 notice that a holder is subject to an audit or examination under

3677 s. 717.1301 or the holder’s written election to enter into an

3678 abandoned ~~unclaimed~~ property voluntary disclosure agreement.

3679 Section 77. Subsections (3) and (4) of section 717.1301,

3680 Florida Statutes, are amended to read:

3681 717.1301 Investigations; examinations; subpoenas.—

3682 (3) The department may authorize a compliance review of a

3683 report for a specified reporting year. The review must be

3684 limited to the contents of the report filed, as required by s.

3685 717.117 and subsection (2), and all supporting documents related

3686 to the reports. If the review results in a finding of a

3687 deficiency in abandoned ~~unclaimed~~ property due and payable to

3688 the department, the department shall notify the holder in

3689 writing of the amount of deficiency within 1 year after the

3690 authorization of the compliance review. If the holder fails to

3691 pay the deficiency within 90 days, the department may seek to

3692 enforce the assessment under subsection (1). The department is

3693 not required to conduct a review under this section before

3694 initiating an audit.

3695 (4) Notwithstanding any other provision of law, in a

3696 contract providing for the location or collection of abandoned

3697 ~~unclaimed~~ property, the department may authorize the contractor

3698 to deduct its fees and expenses for services provided under the

3699 contract from the abandoned ~~unclaimed~~ property that the

3700 contractor has recovered or collected under the contract. The

3701 department shall annually report to the Chief Financial Officer

3702 the total amount collected or recovered by each contractor

3703 during the previous fiscal year and the total fees and expenses

3704 deducted by each contractor.

3705 Section 78. Section 717.1315, Florida Statutes, is amended

3706 to read:

3707 717.1315 Retention of records by claimant ~~claimant’s~~

3708 representatives and buyers of abandoned ~~unclaimed~~ property.—

3709 (1) Every claimant ~~claimant’s~~ representative and buyer of

3710 abandoned ~~unclaimed~~ property shall keep and use in his or her

3711 business such books, accounts, and records of the business

3712 conducted under this chapter to enable the department to

3713 determine whether such person is complying with this chapter and

3714 the rules adopted by the department under this chapter. Every

3715 claimant ~~claimant’s~~ representative and buyer of abandoned

3716 ~~unclaimed~~ property shall preserve such books, accounts, and

3717 records, including every Abandoned ~~Unclaimed~~ Property Recovery

3718 Agreement or Abandoned ~~Unclaimed~~ Property Purchase Agreement

3719 between the owner and such claimant ~~claimant’s~~ representative or

3720 buyer, for at least 3 years after the date of the initial

3721 agreement.

3722 (2) A claimant ~~claimant’s~~ representative or buyer of

3723 abandoned ~~unclaimed~~ property, operating at two or more places of

3724 business in this state, may maintain the books, accounts, and

3725 records of all such offices at any one of such offices, or at

3726 any other office maintained by such claimant ~~claimant’s~~

3727 representative or buyer of abandoned ~~unclaimed~~ property, upon

3728 the filing of a written notice with the department designating

3729 in the written notice the office at which such records are

3730 maintained.

3731 (3) A claimant ~~claimant’s~~ representative or buyer of

3732 abandoned ~~unclaimed~~ property shall make all books, accounts, and

3733 records available at a convenient location in this state upon

3734 request of the department.

3735 Section 79. Subsection (2) of section 717.132, Florida

3736 Statutes, is amended to read:

3737 717.132 Enforcement; cease and desist orders; fines.—

3738 (2) In addition to any other powers conferred upon it to

3739 enforce and administer the provisions of this chapter, the

3740 department may issue and serve upon a person an order to cease

3741 and desist and to take corrective action whenever the department

3742 finds that such person is violating, has violated, or is about

3743 to violate any provision of this chapter, any rule or order

3744 promulgated under this chapter, or any written agreement entered

3745 into with the department. For purposes of this subsection, the

3746 term “corrective action” includes refunding excessive charges,

3747 requiring a person to return abandoned ~~unclaimed~~ property,

3748 requiring a holder to remit abandoned ~~unclaimed~~ property, and

3749 requiring a holder to correct a report that contains errors or

3750 omissions. Any such order shall contain a notice of rights

3751 provided by ss. 120.569 and 120.57.

3752 Section 80. Paragraphs (c), (d), and (j) of subsection (1),

3753 subsections (2) and (3), paragraph (b) of subsection (4), and

3754 subsection (5) of section 717.1322, Florida Statutes, are

3755 amended to read:

3756 717.1322 Administrative and civil enforcement.—

3757 (1) The following acts are violations of this chapter and

3758 constitute grounds for an administrative enforcement action by

3759 the department in accordance with the requirements of chapter

3760 120 and for civil enforcement by the department in a court of

3761 competent jurisdiction:

3762 (c) ~~Fraudulent~~ Misrepresentation, circumvention, or

3763 concealment of any matter required to be stated or furnished to

3764 the department or to an owner or apparent owner under this

3765 chapter ~~, regardless of reliance by or damage to the owner or~~

3766 ~~apparent owner~~ .

3767 (d) ~~Willful~~ Imposition of illegal or excessive charges in

3768 any abandoned ~~unclaimed~~ property transaction.

3769 (j) Requesting or receiving compensation for notifying a

3770 person of his or her abandoned ~~unclaimed~~ property or assisting

3771 another person in filing a claim for abandoned ~~unclaimed~~

3772 property, ~~unless the person is an attorney licensed to practice~~

3773 ~~law in this state, a Florida-certified public accountant, or a~~

3774 ~~private investigator licensed under chapter 493,~~ or entering

3775 into, or making a solicitation to enter into, an agreement to

3776 file a claim for abandoned ~~unclaimed~~ property owned by another,

3777 unless such person is a registered claimant representative

3778 ~~registered with the department~~ under this chapter ~~and an~~

3779 ~~attorney licensed to practice law in this state in the regular~~

3780 ~~practice of her or his profession, a Florida-certified public~~

3781 ~~accountant who is acting within the scope of the practice of~~

3782 ~~public accounting as defined in chapter 473, or a private~~

3783 ~~investigator licensed under chapter 493~~ . This paragraph does not

3784 apply to a person who has been granted a durable power of

3785 attorney to convey and receive all of the real and personal

3786 property of the owner, is the court-appointed guardian of the

3787 owner, has been employed as an attorney or qualified

3788 representative to contest the department’s denial of a claim, or

3789 has been employed as an attorney to probate the estate of the

3790 owner or an heir or legatee of the owner.

3791 (2) Upon a finding by the department that any person has

3792 committed any of the acts set forth in subsection (1), the

3793 department may enter an order doing any of the following :

3794 (a) Revoking for a minimum of 5 years or suspending for a

3795 maximum of 5 years a registration previously granted under this

3796 chapter during which time the registrant may not reapply for a

3797 registration under this chapter . ;

3798 (b) Placing a claimant representative ~~registrant~~ or an

3799 applicant for a registration on probation for a period of time

3800 and subject to such conditions as the department may specify . ;

3801 (c) Placing permanent restrictions or conditions upon

3802 issuance or maintenance of a registration under this chapter . ;

3803 (d) Issuing a reprimand . ;

3804 (e) Imposing an administrative fine not to exceed $2,000

3805 for each such act . ~~; or~~

3806 (f) Prohibiting any person from being a director, officer,

3807 agent, employee, or ultimate equitable owner of a 10 percent 10

3808 ~~percent~~ or greater interest in an employer of a claimant

3809 representative ~~registrant~~ .

3810 (3) A claimant ~~claimant’s~~ representative is subject to

3811 civil enforcement and the disciplinary actions specified in

3812 subsection (2) for violations of subsection (1) by an agent or

3813 employee of the claimant representative’s ~~registrant’s~~ employer

3814 if the claimant ~~claimant’s~~ representative knew or should have

3815 known that such agent or employee was violating any provision of

3816 this chapter.

3817 (4)

3818 (b) The disciplinary guidelines shall specify a meaningful

3819 range of designated penalties based upon the severity or

3820 repetition of specific offenses, or both. It is the legislative

3821 intent that minor violations be distinguished from more serious

3822 violations; that such guidelines consider the amount of the

3823 claim involved, the complexity of locating the owner, the steps

3824 taken to ensure the accuracy of the claim by the person filing

3825 the claim, the acts of commission and omission of the claimant

3826 ~~ultimate owners~~ in establishing themselves as rightful owners of

3827 the funds, the acts of commission or omission of the agent or

3828 employee of a claimant representative or its an employer in the

3829 filing of the claim, the actual knowledge of the agent,

3830 employee, employer, or owner in the filing of the claim, the

3831 departure, if any, by the agent or employee from the internal

3832 controls and procedures established by the claimant

3833 representative or its employer with regard to the filing of a

3834 claim, the number of defective claims previously filed by the

3835 agent, employee, employer, or owner; that such guidelines

3836 provide reasonable and meaningful notice of likely penalties

3837 that may be imposed for proscribed conduct; and that such

3838 penalties be consistently applied by the department.

3839 (5) The department may seek any appropriate civil legal

3840 remedy available to it by filing a civil action in a court of

3841 competent jurisdiction against any person who has, directly or

3842 through a claimant ~~claimant’s~~ representative, wrongfully

3843 submitted a claim as the ~~ultimate~~ owner of property and

3844 improperly received funds from the department in violation of

3845 this chapter.

3846 Section 81. Subsections (1) and (3) of section 717.133,

3847 Florida Statutes, are amended to read:

3848 717.133 Interstate agreements and cooperation; joint and

3849 reciprocal actions with other states.—

3850 (1) The department may enter into agreements with other

3851 states to exchange information needed to enable this or another

3852 state to audit or otherwise determine abandoned ~~unclaimed~~

3853 property that it or another state may be entitled to subject to

3854 a claim of custody. The department may require the reporting of

3855 information needed to enable compliance with agreements made

3856 pursuant to this section and prescribe the form.

3857 (3) At the request of another state, the department may

3858 bring an action in the name of the other state in any court of

3859 competent jurisdiction to enforce the abandoned ~~unclaimed~~

3860 property laws of the other state against a holder in this state

3861 of property subject to escheat or a claim of abandonment by the

3862 other state, if the other state has agreed to pay expenses

3863 incurred in bringing the action.

3864 Section 82. Subsection (2) of section 717.1333, Florida

3865 Statutes, is amended to read:

3866 717.1333 Evidence; estimations; audit reports and

3867 worksheets, investigator reports and worksheets, other related

3868 documents.—

3869 (2) If the records of the holder that are available for the

3870 periods subject to this chapter are insufficient to permit the

3871 preparation of a report of the abandoned ~~unclaimed~~ property due

3872 and owing by a holder, or if the holder fails to provide records

3873 after being requested to do so, the amount due to the department

3874 may be reasonably estimated.

3875 Section 83. Paragraph (a) of subsection (1) and subsections

3876 (2) and (4) of section 717.1341, Florida Statutes, are amended

3877 to read:

3878 717.1341 Invalid claims, recovery of property, interest and

3879 penalties.—

3880 (1)(a) A No person may not ~~shall~~ receive abandoned

3881 ~~unclaimed~~ property that the person is not entitled to receive.

3882 Any person who receives, or assists another person to receive,

3883 abandoned ~~unclaimed~~ property that the person is not entitled to

3884 receive is strictly, jointly, personally, and severally liable

3885 for the abandoned ~~unclaimed~~ property and shall immediately

3886 return the property, or the reasonable value of the property if

3887 the property has been damaged or disposed of, to the department

3888 plus interest at the rate set in accordance with s. 55.03(1).

3889 Assisting another person to receive abandoned ~~unclaimed~~ property

3890 includes executing a claim form on the person’s behalf.

3891 (2) The department may maintain a civil or administrative

3892 action:

3893 (a) To recover abandoned ~~unclaimed~~ property that was paid

3894 or remitted to a person who was not entitled to the abandoned

3895 ~~unclaimed~~ property or to offset amounts owed to the department

3896 against amounts owed to an owner representative;

3897 (b) Against a person who assists another person in

3898 receiving, or attempting to receive, abandoned ~~unclaimed~~

3899 property that the person is not entitled to receive; or

3900 (c) Against a person who attempts to receive abandoned

3901 ~~unclaimed~~ property that the person is not entitled to receive.

3902 (4) A No person may not ~~shall~~ knowingly file, knowingly

3903 conspire to file, or knowingly assist in filing , a claim for

3904 abandoned ~~unclaimed~~ property the person is not entitled to

3905 receive. Any person who violates this subsection regarding

3906 abandoned ~~unclaimed~~ property of an aggregate value:

3907 (a) Greater than $50,000, commits ~~is guilty of~~ a felony of

3908 the first degree, punishable as provided in s. 775.082, s.

3909 775.083, or s. 775.084;

3910 (b) Greater than $10,000 up to $50,000, commits ~~is guilty~~

3911 of a felony of the second degree, punishable as provided in s.

3912 775.082, s. 775.083, or s. 775.084;

3913 (c) Greater than $250 up to $10,000, commits ~~is guilty of~~ a

3914 felony of the third degree, punishable as provided in s.

3915 775.082, s. 775.083, or s. 775.084;

3916 (d) Greater than $50 up to $250, commits ~~is guilty of~~ a

3917 misdemeanor of the first degree, punishable as provided in s.

3918 775.082 or s. 775.083; or

3919 (e) Up to $50, commits ~~is guilty of~~ a misdemeanor of the

3920 second degree, punishable as provided in s. 775.082 or s.

3921 775.083.

3922 Section 84. Section 717.135, Florida Statutes, is amended

3923 to read:

3924 717.135 Recovery agreements and purchase agreements for

3925 claims filed by a claimant ~~claimant’s~~ representative; fees and

3926 costs or total net gain.—

3927 (1) In order to protect the interests of owners of

3928 abandoned ~~unclaimed~~ property, the department shall adopt by rule

3929 a form entitled “ Abandoned ~~Unclaimed~~ Property Recovery

3930 Agreement” and a form entitled “ Abandoned ~~Unclaimed~~ Property

3931 Purchase Agreement.”

3932 (2) The Abandoned ~~Unclaimed~~ Property Recovery Agreement and

3933 the Abandoned ~~Unclaimed~~ Property Purchase Agreement must include

3934 and disclose all of the following:

3935 (a) The total dollar amount of abandoned ~~unclaimed~~ property

3936 accounts claimed or sold.

3937 (b) The total percentage of all authorized fees and costs

3938 to be paid to the claimant ~~claimant’s~~ representative or the

3939 percentage of the value of the property to be paid as net gain

3940 to the purchasing claimant ~~claimant’s~~ representative.

3941 (c) The total dollar amount to be deducted and received

3942 from the claimant as fees and costs by the claimant ~~claimant’s~~

3943 representative or the total net dollar amount to be received by

3944 the purchasing claimant ~~claimant’s~~ representative.

3945 (d) The net dollar amount to be received by the claimant or

3946 the seller.

3947 (e) For each account claimed, the abandoned ~~unclaimed~~

3948 property account number.

3949 (f) For the Abandoned ~~Unclaimed~~ Property Purchase

3950 Agreement, a statement that the amount of the purchase price

3951 will be remitted to the seller by the purchaser within 30 days

3952 after the execution of the agreement by the seller.

3953 (g) The name, address, e-mail address, phone number, and

3954 license number of the claimant ~~claimant’s~~ representative.

3955 (h)1. The manual signature of the claimant or seller and

3956 the date signed, affixed on the agreement by the claimant or

3957 seller.

3958 2. Notwithstanding any other provision of this chapter to

3959 the contrary, the department may allow ~~an apparent owner, who is~~

3960 ~~also~~ the claimant or seller , to sign the agreement

3961 electronically. All electronic signatures on the Abandoned

3962 ~~Unclaimed~~ Property Recovery Agreement and the Abandoned

3963 ~~Unclaimed~~ Property Purchase Agreement must be affixed on the

3964 agreement by the claimant or seller using the specific,

3965 exclusive eSignature product and protocol authorized by the

3966 department.

3967 (i) The social security number or taxpayer identification

3968 number of the claimant or seller, if a number has been issued to

3969 the claimant or seller.

3970 (j) The total fees and costs, or the total discount in the

3971 case of a purchase agreement, which may not exceed 30 percent of

3972 the claimed amount. In the case of a recovery agreement, if the

3973 total fees and costs exceed 30 percent, the fees and costs shall

3974 be reduced to 30 percent and the net balance shall be remitted

3975 directly by the department to the claimant. In the case of a

3976 purchase agreement, if the total net gain of the claimant

3977 ~~claimant’s~~ representative exceeds 30 percent, the claim will be

3978 denied.

3979 (3) For an Abandoned ~~Unclaimed~~ Property Purchase Agreement

3980 form, proof that the purchaser has made payment must be filed

3981 with the department along with the claim. If proof of payment is

3982 not provided, the claim is void.

3983 (4) A claimant ~~claimant’s~~ representative must use the

3984 Abandoned ~~Unclaimed~~ Property Recovery Agreement or the Abandoned

3985 ~~Unclaimed~~ Property Purchase Agreement as the exclusive means of

3986 entering into an agreement or a contract with a claimant or

3987 seller to file a claim with the department.

3988 (5) Fees and costs may be owed or paid to, or received by,

3989 a claimant ~~claimant’s~~ representative only after a filed claim

3990 has been approved and if the claimant’s representative used an

3991 agreement authorized by this section.

3992 (6) A claimant ~~claimant’s~~ representative may not use or

3993 distribute any other agreement of any type, conveyed by any

3994 method, with respect to the claimant or seller which relates,

3995 directly or indirectly, to abandoned ~~unclaimed~~ property accounts

3996 held by the department or the Chief Financial Officer other than

3997 the agreements authorized by this section. Any engagement,

3998 authorization, recovery, or fee agreement that is not authorized

3999 by this section is void. A claimant ~~claimant’s~~ representative is

4000 subject to administrative and civil enforcement under s.

4001 717.1322 if he or she uses an agreement that is not authorized

4002 by this section and if the agreement is used to apply, directly

4003 or indirectly, to abandoned ~~unclaimed~~ property held by this

4004 state. This subsection does not prohibit lawful nonagreement,

4005 noncontractual, or advertising communications between or among

4006 the parties.

4007 (7) The Abandoned ~~Unclaimed~~ Property Recovery Agreement may

4008 not contain language that makes the agreement irrevocable or

4009 that creates an assignment of any portion of abandoned ~~unclaimed~~

4010 property held by the department.

4011 (8) When a claim is approved, the department may pay any

4012 additional account that is owned by the claimant but has not

4013 been claimed at the time of approval, provided that a subsequent

4014 claim has not been filed or is not pending for the claimant at

4015 the time of approval.

4016 (9) This section does not supersede s. 717.1241.

4017 ~~(10) This section does not apply to the sale and purchase~~

4018 ~~of Florida-held unclaimed property accounts through a bankruptcy~~

4019 ~~estate representative or other person or entity authorized~~

4020 ~~pursuant to Title XI of the United States Code or an order of a~~

4021 ~~bankruptcy court to act on behalf or for the benefit of the~~

4022 ~~debtor, its creditors, and its bankruptcy estate.~~

4023 Section 85. Section 717.1356, Florida Statutes, is created

4024 to read:

4025 717.1356 Purchase of abandoned property.—

4026 (1) Agreements for the purchase of abandoned property

4027 reported to the department shall be valid only if all of the

4028 following conditions are met:

4029 (a) The agreement is entitled “Florida Abandoned Property

4030 Purchase Agreement” and is in writing, in minimum 12-point type.

4031 (b) The agreement includes the social security number or

4032 taxpayer identification number of the seller, if a number has

4033 been issued to the seller; a valid e-mail address, mailing

4034 address, and telephone number for the seller; and is manually

4035 signed and dated by the seller with the signature notarized.

4036 (c) The agreement discloses with specificity the nature and

4037 value of the abandoned property, including the name of the

4038 apparent owner as shown by the records of the department, the

4039 name of the holder who remitted the property, the date of last

4040 contact, and the property category. With respect to the value of

4041 the abandoned property, the agreement must contain the

4042 following:

4043 1. The total dollar amount of all abandoned property to be

4044 sold.

4045 2. The total percentage of the value of the abandoned

4046 property to be paid as net gain to the purchaser.

4047 3. The total net dollar amount to be received by the

4048 purchaser.

4049 4. The net dollar amount to be received by the seller.

4050 (d) The agreement states the abandoned property account

4051 number for each abandoned property account sold.

4052 (e) The purchase price does not discount the total value of

4053 all abandoned property subject to the sale by more than 30

4054 percent.

4055 (f) The agreement states that the amount of the purchase

4056 price will be remitted to the seller by the purchaser within 30

4057 days after the execution of the agreement by the seller.

4058 (g) The agreement includes the name, address, e-mail

4059 address, and phone number of the purchaser.

4060 (h) The agreement states that the abandoned property is

4061 currently in the department’s custody and that the seller can

4062 claim the property directly from the department on its

4063 electronically searchable website without being charged a fee.

4064 The agreement must provide the department’s website address.

4065 (2) A seller may cancel a purchase agreement without

4066 penalty or obligation within 15 business days after the date on

4067 which the agreement was executed. The agreement must contain the

4068 following language in minimum 12-point type: “You may cancel

4069 this agreement for any reason without penalty or obligation to

4070 you within 15 days after the date of this agreement by providing

4071 notice to . . .(name of purchaser). . ., submitted in writing

4072 and sent by certified mail, return receipt requested, or other

4073 form of mailing that provides proof thereof, at the address or

4074 e-mail address specified in the agreement.”

4075 (3) A copy of an executed Florida Abandoned Property

4076 Purchase Agreement must be filed with the purchaser’s claim,

4077 along with proof that the purchaser has made payment in full,

4078 and all other required documentation. If proof of payment is not

4079 provided, the department may not approve the claim.

4080 (4) A purchase agreement under this section which discounts

4081 the value of abandoned property by more than the amount

4082 authorized in paragraph (1)(e) is enforceable only by the

4083 seller.

4084 (5)(a) For purposes of this subsection, the term:

4085 1. “Asset purchaser” means a business association that has

4086 purchased property from a large business association.

4087 2. “Large business association” means a business

4088 association or group of business associations which:

4089 a. Generates $100 million or more in annual gross receipts

4090 or sales;

4091 b. Employs 100 or more full-time employees in the United

4092 States; or

4093 c. Has equity securities publicly traded on an exchange

4094 regulated by the United States Securities and Exchange

4095 Commission.

4096 (b) Claims filed by an asset purchaser under this section

4097 must include:

4098 1. A complete copy of the asset purchase agreement or

4099 similar contract between the asset purchaser and the seller; and

4100 2. An attestation by the seller, either in the asset

4101 purchase agreement or in a separate written affirmation from the

4102 owner, that the owner:

4103 a. Is a large business association as defined in paragraph

4104 (a); and

4105 b. Is aware that it is selling unclaimed property that may

4106 be recovered from the administrator without paying a fee.

4107 (c) If the seller is a publicly traded entity, the asset

4108 purchaser may provide a copy, or a link to an online copy, of

4109 the most recent Form 10K filed with the United States Securities

4110 and Exchange Commission in lieu of the attestation required by

4111 subparagraph (b)2.

4112 (d) This subsection does not apply to asset purchase

4113 agreements involving the assets of a business association

4114 arising out of a bankruptcy proceeding under Title 11 of the

4115 United States Code or corporate dissolution or a similar

4116 proceeding under applicable state law, such as receiverships and

4117 assignments for the benefit of creditors.

4118 (e) This subsection does not apply to asset purchase

4119 agreements between an asset purchaser and sellers that comprise

4120 a large business association.

4121 (f) The requirements of this subsection apply only to

4122 claims filed based on asset purchase agreements executed on or

4123 after the effective date of this act.

4124 (g) This subsection does not limit the ability of the

4125 department to request or receive additional evidence sufficient

4126 to establish to the satisfaction of the department that the

4127 claimant is the owner of the property pursuant to this chapter.

4128 (h) The department may adopt rules to implement this

4129 subsection. The department may change by administrative rule the

4130 annual gross receipts or sales threshold to an amount less than

4131 $100 million as specified in sub-subparagraph (a)2.a.

4132 Section 86. Section 717.138, Florida Statutes, is amended

4133 to read:

4134 717.138 Rulemaking authority.—The department shall

4135 administer and provide for the enforcement of this chapter. The

4136 department has authority to adopt rules pursuant to ss.

4137 120.536(1) and 120.54 to implement the provisions of this

4138 chapter. The department may adopt rules to allow for electronic

4139 filing of fees, forms, and reports required by this chapter. The

4140 authority to adopt rules pursuant to this chapter applies to all

4141 abandoned ~~unclaimed~~ property reported and remitted to the Chief

4142 Financial Officer, including, but not limited to, property

4143 reported and remitted pursuant to ss. 45.032, 732.107, 733.816,

4144 and 744.534.

4145 Section 87. Section 717.1382, Florida Statutes, is amended

4146 to read:

4147 717.1382 United States savings bond; abandoned ~~unclaimed~~

4148 property; escheatment; procedure.—

4149 (1) Notwithstanding any other provision of law, a United

4150 States savings bond in possession of the department or

4151 registered to a person with a last known address in the state,

4152 including a bond that is lost, stolen, or destroyed, is presumed

4153 abandoned ~~and unclaimed~~ 5 years after the bond reaches maturity

4154 and no longer earns interest and shall be reported and remitted

4155 to the department by the financial institution or other holder

4156 in accordance with ss. 717.117(5) and (11) ~~ss. 717.117(1) and~~

4157 ~~(5)~~ and 717.119, if the department is not in possession of the

4158 bond.

4159 (2)(a) After a United States savings bond is abandoned ~~and~~

4160 ~~unclaimed~~ in accordance with subsection (1), the department may

4161 commence a civil action in a court of competent jurisdiction in

4162 Leon County for a determination that the bond shall escheat to

4163 the state. Upon determination of escheatment, all property

4164 rights to the bond or proceeds from the bond, including all

4165 rights, powers, and privileges of survivorship of an owner, co

4166 owner, or beneficiary, shall vest solely in the state.

4167 (b) Service of process by publication may be made on a

4168 party in a civil action pursuant to this section. A notice of

4169 action shall state the name of any known owner of the bond, the

4170 nature of the action or proceeding in short and simple terms,

4171 the name of the court in which the action or proceeding is

4172 instituted, and an abbreviated title of the case.

4173 (c) The notice of action shall require a person claiming an

4174 interest in the bond to file a written defense with the clerk of

4175 the court and serve a copy of the defense by the date fixed in

4176 the notice. The date must not be less than 28 or more than 60

4177 days after the first publication of the notice.

4178 (d) The notice of action shall be published once a week for

4179 4 consecutive weeks in a newspaper of general circulation

4180 published in Leon County. Proof of publication shall be placed

4181 in the court file.

4182 (e)1. If no person files a claim with the court for the

4183 bond and if the department has substantially complied with the

4184 provisions of this section, the court shall enter a default

4185 judgment that the bond, or proceeds from such bond, has

4186 escheated to the state.

4187 2. If a person files a claim for one or more bonds and,

4188 after notice and hearing, the court determines that the claimant

4189 is not entitled to the bonds claimed by such claimant, the court

4190 shall enter a judgment that such bonds, or proceeds from such

4191 bonds, have escheated to the state.

4192 3. If a person files a claim for one or more bonds and,

4193 after notice and hearing, the court determines that the claimant

4194 is entitled to the bonds claimed by such claimant, the court

4195 shall enter a judgment in favor of the claimant.

4196 (3) The department may redeem a United States savings bond

4197 escheated to the state pursuant to this section or, in the event

4198 that the department is not in possession of the bond, seek to

4199 obtain the proceeds from such bond. Proceeds received by the

4200 department shall be deposited in accordance with s. 717.123.

4201 Section 88. Section 717.139, Florida Statutes, is amended

4202 to read:

4203 717.139 Uniformity of application and construction.—

4204 (1) The Legislature finds that laws governing abandoned

4205 property serve a vital public purpose by protecting the property

4206 rights of owners, facilitating the return abandoned property to

4207 its owners, preventing private escheatment, and ensuring that

4208 abandoned assets are preserved and safeguarded from waste or

4209 misuse. It is the public policy of the state to protect the

4210 interests of owners of abandoned ~~unclaimed~~ property. ~~It is~~

4211 ~~declared to be in the best interests of owners of unclaimed~~

4212 ~~property that such owners receive the full amount of any~~

4213 ~~unclaimed property without any fee.~~

4214 (2) This chapter shall be applied and construed as to

4215 effectuate its general purpose of protecting the interest of

4216 missing owners of abandoned property, while providing that the

4217 benefit of all ~~unclaimed and~~ abandoned property shall go to all

4218 the people of the state, and to make uniform the law with

4219 respect to the subject of this chapter among states enacting it.

4220 It is the intent of the Legislature that property reported under

4221 this chapter remains the property of the owner and that the

4222 State of Florida acts solely as a custodian, not as the owner,

4223 of such property. Title to abandoned property may not transfer

4224 to the state except as expressly provided by law and only after

4225 all reasonable efforts to identify and return the property to

4226 its rightful owner have been exhausted.

4227 Section 89. Section 717.1400, Florida Statutes, is amended

4228 to read:

4229 717.1400 Registration.—

4230 (1) In order to file claims as a claimant ~~claimant’s~~

4231 representative, receive a distribution of fees and costs for

4232 approved claims from the department, and obtain information

4233 regarding abandoned ~~unclaimed~~ property dollar amounts and

4234 numbers of reported shares of stock held by the department, an

4235 individual must meet all of the following requirements:

4236 (a) Be one of the following:

4237 1. A Florida-licensed private investigator holding a Class

4238 “C” individual license under chapter 493 ;

4239 2. A Florida-certified public accountant; or

4240 3. A Florida-licensed attorney.

4241 (b) Have obtained a certificate of registration from ~~Must~~

4242 ~~register with~~ the department .

4243 (2) An application for registration as a claimant

4244 representative must be submitted in writing on a form prescribed

4245 by the department and must be accompanied by all of the

4246 following:

4247 (a) A legible color copy of the applicant’s current driver

4248 license showing the full name and current address of such

4249 person. If a current driver license is not available, another

4250 form of photo identification must be provided which shows the

4251 full name and current address of such person.

4252 (b) If the applicant is a private investigator:

4253 1. ~~on such form as the department prescribes by rule and~~

4254 ~~must be verified by the applicant. To register with the~~

4255 ~~department, a private investigator must provide:~~

4256 ~~(a)~~ A legible copy of the applicant’s Class “A” business

4257 license under chapter 493 or that of the applicant’s firm or

4258 employer which holds a Class “A” business license under chapter

4259 493 ; and .

4260 2. ~~(b)~~ A legible copy of the applicant’s Class “C”

4261 individual license issued under chapter 493.

4262 (c) If the applicant is a certified public accountant, the

4263 applicant’s Florida Board of Accountancy number.

4264 (d) If the applicant is a licensed attorney, the

4265 applicant’s Florida Bar number.

4266 (e) ~~(c)~~ The business address , ~~and~~ telephone number , tax

4267 identification number, and state of domicile or incorporation of

4268 the applicant’s ~~private investigative~~ firm or employer.

4269 (f) ~~(d)~~ The names of agents , or employees, or independent

4270 contractors, if any, who are designated or authorized to act on

4271 behalf of the applicant ~~private investigator~~ , together with a

4272 legible color copy of their photo identification issued by an

4273 agency of the United States, or a state, or a political

4274 subdivision thereof.

4275 (g) A statement that the applicant has not, during the 5

4276 year period immediately preceding the submission of the

4277 application, violated any part of the Florida Disposition of

4278 Abandoned Personal Property Act.

4279 (h) A statement that the applicant has not been convicted

4280 of, or plead guilty to, a felony or any offense involving moral

4281 turpitude; dishonesty; deceit; or breach of fiduciary duty,

4282 including theft, attempted theft, falsification, tampering with

4283 records, securing writings by deception, fraud, forgery, or

4284 perjury.

4285 (i) ~~(e)~~ Sufficient information to enable the department to

4286 disburse funds by electronic funds transfer.

4287 (j) The applicant’s notarized signature immediately

4288 following an acknowledgment that any false or perjured statement

4289 subjects the applicant to criminal liability under the laws of

4290 this state

4291 ~~(f) The tax identification number of the private~~

4292 ~~investigator’s firm or employer which holds a Class “A” business~~

4293 ~~license under chapter 493.~~

4294 ~~(2) In order to file claims as a claimant’s representative,~~

4295 ~~receive a distribution of fees and costs from the department,~~

4296 ~~and obtain unclaimed property dollar amounts and numbers of~~

4297 ~~reported shares of stock held by the department, a Florida~~

4298 ~~certified public accountant must register with the department on~~

4299 ~~such form as the department prescribes by rule and must be~~

4300 ~~verified by the applicant. To register with the department, a~~

4301 ~~Florida-certified public accountant must provide:~~

4302 ~~(a) The applicant’s Florida Board of Accountancy number.~~

4303 ~~(b) A legible copy of the applicant’s current driver~~

4304 ~~license showing the full name and current address of such~~

4305 ~~person. If a current driver license is not available, another~~

4306 ~~form of identification showing the full name and current address~~

4307 ~~of such person or persons shall be filed with the department.~~

4308 ~~(c) The business address and telephone number of the~~

4309 ~~applicant’s public accounting firm or employer.~~

4310 ~~(d) The names of agents or employees, if any, who are~~

4311 ~~designated to act on behalf of the Florida-certified public~~

4312 ~~accountant, together with a legible copy of their photo~~

4313 ~~identification issued by an agency of the United States, or a~~

4314 ~~state, or a political subdivision thereof.~~

4315 ~~(e) Sufficient information to enable the department to~~

4316 ~~disburse funds by electronic funds transfer.~~

4317 ~~(f) The tax identification number of the accountant’s~~

4318 ~~public accounting firm employer~~ .

4319 (3) ~~In order to file claims as a claimant’s representative,~~

4320 ~~receive a distribution of fees and costs from the department,~~

4321 ~~and obtain unclaimed property dollar amounts and numbers of~~

4322 ~~reported shares of stock held by the department, an attorney~~

4323 ~~licensed to practice in this state must register with the~~

4324 ~~department on such form as the department prescribes by rule and~~

4325 ~~must be verified by the applicant. To register with the~~

4326 ~~department, such attorney must provide:~~

4327 ~~(a) The applicant’s Florida Bar number.~~

4328 ~~(b) A legible copy of the applicant’s current driver~~

4329 ~~license showing the full name and current address of such~~

4330 ~~person. If a current driver license is not available, another~~

4331 ~~form of identification showing the full name and current address~~

4332 ~~of such person or persons shall be filed with the department.~~

4333 ~~(c) The business address and telephone number of the~~

4334 ~~applicant’s firm or employer.~~

4335 ~~(d) The names of agents or employees, if any, who are~~

4336 ~~designated to act on behalf of the attorney, together with a~~

4337 ~~legible copy of their photo identification issued by an agency~~

4338 ~~of the United States, or a state, or a political subdivision~~

4339 ~~thereof.~~

4340 ~~(e) Sufficient information to enable the department to~~

4341 ~~disburse funds by electronic funds transfer.~~

4342 ~~(f) The tax identification number of the attorney’s firm or~~

4343 ~~employer.~~

4344 ~~(4)~~ Information and documents already on file with the

4345 department before the effective date of this provision need not

4346 be resubmitted in order to complete the registration.

4347 (4) ~~(5)~~ If a material change in the status of a registration

4348 occurs, the claimant representative ~~a registrant~~ must, within 30

4349 days, provide the department with the updated documentation and

4350 information in writing. Material changes include, but are not

4351 limited to , the following, : a designated agent or employee

4352 ceasing to act on behalf of the designating person, a surrender,

4353 suspension, or revocation of a license, or a license renewal.

4354 (a) If a designated agent or employee ceases to act on

4355 behalf of the person who has designated the agent or employee to

4356 act on such person’s behalf, the designating person must, within

4357 30 days, inform the department ~~the Division of Unclaimed~~

4358 ~~Property~~ in writing of the termination of agency or employment.

4359 (b) If a registrant surrenders the registrant’s license or

4360 the license is suspended or revoked, the registrant must, within

4361 30 days, inform the division in writing of the surrender,

4362 suspension, or revocation.

4363 (c) If a private investigator’s Class “C” individual

4364 license under chapter 493 or a private investigator’s employer’s

4365 Class “A” business license under chapter 493 is renewed, the

4366 private investigator must provide a copy of the renewed license

4367 to the department within 30 days after the receipt of the

4368 renewed license by the private investigator or the private

4369 investigator’s employer.

4370 (5) ~~(6)~~ An applicant’s claimant representative’s A

4371 ~~registrant’s~~ firm or employer may not have a name that might

4372 lead another person to conclude that the claimant

4373 representative’s ~~registrant’s~~ firm or employer is affiliated or

4374 associated with the United States, or an agency thereof, or a

4375 state or an agency or political subdivision of a state. The

4376 department shall deny an application for registration or revoke

4377 a registration if the applicant’s or claimant representative’s

4378 ~~registrant’s~~ firm or employer has a name that might lead another

4379 person to conclude that the firm or employer is affiliated or

4380 associated with the United States, or an agency thereof, or a

4381 state or an agency or political subdivision of a state. Names

4382 that might lead another person to conclude that the firm or

4383 employer is affiliated or associated with the United States, or

4384 an agency thereof, or a state or an agency or political

4385 subdivision of a state, include, but are not limited to, the

4386 words United States, Florida, state, bureau, division,

4387 department, or government.

4388 (6) ~~(7)~~ The licensing and other requirements of this section

4389 must be maintained as a condition of registration with the

4390 department.

4391 (7) To maintain active registration under this section, a

4392 claimant representative must file and obtain payment on at least

4393 10 claims per calendar year following the date of initial

4394 registration.

4395 (a) If a claimant representative fails to meet this

4396 requirement, the department must notify the claimant

4397 representative in writing and provide 30 days to demonstrate

4398 compliance or good cause for noncompliance.

4399 (b) If the claimant representative does not cure the

4400 deficiency or demonstrate good cause within the time provided,

4401 the department must revoke the registration.

4402 (c) A claimant representative whose registration is revoked

4403 under this subsection may not reapply for registration under

4404 this section for a period of 1 year following the effective date

4405 of the revocation.

4406 Section 90. Subsection (1) of section 1001.281, Florida

4407 Statutes, is amended to read:

4408 1001.281 Operating Trust Fund.—

4409 (1) The Operating Trust Fund ~~, FLAIR number 48-2-510,~~ is

4410 created within the Department of Education.

4411 Section 91. Subsection (1) of section 1001.282, Florida

4412 Statutes, is amended to read:

4413 1001.282 Administrative Trust Fund.—

4414 (1) The Administrative Trust Fund ~~, FLAIR number 48-2-021,~~

4415 is created within the Department of Education.

4416 Section 92. Paragraph (a) of subsection (2) of section

4417 197.582, Florida Statutes, is amended to read:

4418 197.582 Disbursement of proceeds of sale.—

4419 (2)(a) If the property is purchased for an amount in excess

4420 of the statutory bid of the certificateholder, the surplus must

4421 be paid over and disbursed by the clerk as set forth in

4422 subsections (3), (5), and (6). If the opening bid included the

4423 homestead assessment pursuant to s. 197.502(6)(c), that amount

4424 must be treated as surplus and distributed in the same manner.

4425 The clerk shall distribute the surplus to the governmental units

4426 for the payment of any lien of record held by a governmental

4427 unit against the property, including any tax certificates not

4428 incorporated in the tax deed application and omitted taxes, if

4429 any. If there remains a balance of undistributed funds, the

4430 balance must be retained by the clerk for the benefit of persons

4431 described in s. 197.522(1)(a), except those persons described in

4432 s. 197.502(4)(h), as their interests may appear. The clerk shall

4433 mail notices to such persons notifying them of the funds held

4434 for their benefit at the addresses provided in s. 197.502(4).

4435 Such notice constitutes compliance with the requirements of s.

4436 717.117 ~~s. 717.117(6)~~ . Any service charges and costs of mailing

4437 notices shall be paid out of the excess balance held by the

4438 clerk. Notice must be provided in substantially the following

4439 form:

4441 NOTICE OF SURPLUS FUNDS

4442 FROM TAX DEED SALE

4444 CLERK OF COURT

4445 .... COUNTY, FLORIDA

4447 Tax Deed #........

4448 Certificate #........

4449 Property Description: ........

4450 Pursuant to chapter 197, Florida Statutes, the above

4451 property was sold at public sale on ...(date of sale)..., and a

4452 surplus of $...(amount)... (subject to change) will be held by

4453 this office for 120 days beginning on the date of this notice to

4454 benefit the persons having an interest in this property as

4455 described in section 197.502(4), Florida Statutes, as their

4456 interests may appear (except for those persons described in

4457 section 197.502(4)(h), Florida Statutes).

4458 To the extent possible, these funds will be used to satisfy

4459 in full each claimant with a senior mortgage or lien in the

4460 property before distribution of any funds to any junior mortgage

4461 or lien claimant or to the former property owner. To be

4462 considered for funds when they are distributed, you must file a

4463 notarized statement of claim with this office within 120 days

4464 after of this notice. If you are a lienholder, your claim must

4465 include the particulars of your lien and the amounts currently

4466 due. Any lienholder claim that is not filed within the 120-day

4467 deadline is barred.

4468 A copy of this notice must be attached to your statement of

4469 claim. After the office examines the filed claim statements, it

4470 will notify you if you are entitled to any payment.

4471 Dated: ........

4472 Clerk of Court

4474 Section 93. Paragraph (t) of subsection (1) of section

4475 626.9541, Florida Statutes, is amended to read:

4476 626.9541 Unfair methods of competition and unfair or

4477 deceptive acts or practices defined.—

4478 (1) UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE

4479 ACTS.—The following are defined as unfair methods of competition

4480 and unfair or deceptive acts or practices:

4481 (t) Certain life insurance relations with funeral directors

4482 prohibited.—

4483 1. No life insurer shall permit any funeral director or

4484 direct disposer to act as its representative, adjuster, claim

4485 agent, special claim agent, or agent for such insurer in

4486 soliciting, negotiating, or effecting contracts of life

4487 insurance on any plan or of any nature issued by such insurer or

4488 in collecting premiums for holders of any such contracts except

4489 as prescribed in s. 626.785(2) ~~s. 626.785(3)~~ .

4490 2. No life insurer shall:

4491 a. Affix, or permit to be affixed, advertising matter of

4492 any kind or character of any licensed funeral director or direct

4493 disposer to such policies of insurance.

4494 b. Circulate, or permit to be circulated, any such

4495 advertising matter with such insurance policies.

4496 c. Attempt in any manner or form to influence policyholders

4497 of the insurer to employ the services of any particular licensed

4498 funeral director or direct disposer.

4499 3. No such insurer shall maintain, or permit its agent to

4500 maintain, an office or place of business in the office,

4501 establishment, or place of business of any funeral director or

4502 direct disposer in this state.

4503 Section 94. For the purpose of incorporating the amendment

4504 made by this act to section 717.101, Florida Statutes, in a

4505 reference thereto, paragraph (a) of subsection (6) of section

4506 772.13, Florida Statutes, is reenacted to read:

4507 772.13 Civil remedy for terrorism or facilitating or

4508 furthering terrorism.—

4509 (6)(a) In any postjudgment execution proceedings to enforce

4510 a judgment entered against a terrorist party under this section

4511 or under 18 U.S.C. s. 2333 or a substantially similar law of the

4512 United States or of any state or territory of the United States,

4513 including postjudgment execution proceedings against any agency

4514 or instrumentality of the terrorist party not named in the

4515 judgment pursuant to s. 201(a) of the Terrorism Risk Insurance

4516 Act, 28 U.S.C. s. 1610:

4517 1. There is no right to a jury trial under s. 56.18 or s.

4518 77.08;

4519 2. A defendant or a person may not use the resources of the

4520 courts of this state in furtherance of a defense or an objection

4521 to postjudgment collection proceedings if the defendant or

4522 person purposely leaves the jurisdiction of this state or the

4523 United States, declines to enter or reenter this state or the

4524 United States to submit to its jurisdiction, or otherwise evades

4525 the jurisdiction of the court in which a criminal case is

4526 pending against the defendant or person. This subparagraph

4527 applies to any entity that is owned or controlled by a person to

4528 whom this paragraph applies;

4529 3. Creditor process issued under chapter 56 or chapter 77

4530 may be served upon any person or entity over whom the court has

4531 personal jurisdiction. Writs of garnishment issued under s.

4532 77.01 and proceedings supplementary under s. 56.29 apply to

4533 intangible assets wherever located, without territorial

4534 limitation, including bank accounts as defined in s.

4535 674.104(1)(a), financial assets as defined in s. 678.1021(1), or

4536 other intangible property as defined in s. 717.101. The situs of

4537 any intangible assets held or maintained by or in the

4538 possession, custody, or control of a person or entity so served

4539 shall be deemed to be in this state for the purposes of a

4540 proceeding under chapter 56 or chapter 77. Service of a writ or

4541 notice to appear under this section shall provide the court with

4542 in rem jurisdiction over any intangible assets regardless of the

4543 location of the assets;

4544 4. Notwithstanding s. 678.1121, the interest of a debtor in

4545 a financial asset or security entitlement may be reached by a

4546 creditor by legal process upon the securities intermediary with

4547 whom the debtor’s securities account is maintained, or, if that

4548 is a foreign entity, legal process under chapter 56 or chapter

4549 77 may be served upon the United States securities custodian or

4550 intermediary that has reported holding, maintaining, possessing,

4551 or controlling the blocked financial assets or security

4552 entitlements to the Office of Foreign Assets Control of the

4553 United States Department of the Treasury, and such financial

4554 assets or security entitlements shall be subject to execution,

4555 garnishment, and turnover by the United States securities

4556 custodian or intermediary; and

4557 5. Notwithstanding s. 670.502(4), when an electronic funds

4558 transfer is not completed within 5 banking days and is canceled

4559 pursuant to s. 670.211(4) because a United States intermediary

4560 financial institution has blocked the transaction in compliance

4561 with a United States sanctions program, and a terrorist party or

4562 any agency or instrumentality thereof was either the originator

4563 or the intended beneficiary, then the blocked funds shall be

4564 deemed owned by the terrorist party or its agency or

4565 instrumentality and shall be subject to execution and

4566 garnishment.

4567 Section 95. The following rules are ratified for the sole

4568 and exclusive purpose of satisfying any condition on

4569 effectiveness imposed under chapter 2025-100, Laws of Florida:

4570 Rules 69C-2.004, 69C-2.005, 69C-2.016, 69C-2.022, 69C-2.026,

4571 69C-2.034, 69C-2.035, 69U-100.097, 69V-560.1000, 69V-560.1012,

4572 69V-560.102, 69V-560.7032, 69V-560.7033, 69V-560.7034, 69V

4573 560.7035, and 69V-560.7036, Florida Administrative Code,

4574 entitled “Definitions,” “Designation of a Qualified Public

4575 Depository,” “Financial Information Reports by a Qualified

4576 Public Depository,” “Requirements of Public Depositors,”

4577 “Administration of Payment of Losses,” “Disqualification,

4578 Suspension, and Administrative Penalty,” “Custodians of Gold

4579 Coin or Silver Coin,” “Gold Coin or Silver Coin Deposits,”

4580 “Disciplinary Guidelines,” “Adoption of Forms,” “Application or

4581 Appointment Procedures and Requirements,” “Records to Be

4582 Maintained when Engaged in Transactions Involving Gold and

4583 Silver Coin,” “Gold Coin and Silver Coin Disclosures,”

4584 “Accredited Refiner or Wholesaler of Gold Coin or Silver Coin,”

4585 “Chain of Custody Related to Gold or Silver Coin,” and “Rapid

4586 Response Time by Law Enforcement,” respectively, as filed for

4587 adoption with the Department of State pursuant to the

4588 certification packages dated October 31, 2025, and November 1,

4589 2025.

4590 Section 96. Section 18 of chapter 2025-100, Laws of

4591 Florida, is repealed.

4592 Section 97. The Division of Law Revision is directed to

4593 replace the phrase “the effective date of this act” wherever it

4594 occurs in this act with the date this act becomes a law.

4595 Section 98. This act shall take effect upon becoming a law.