Florida Senate - 2017                          SENATOR AMENDMENT
       Bill No. CS/CS/HB 925, 1st Eng.
       
       
       
       
       
       
                                Ì658314&Î658314                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AD/2R         .         Floor: SENA1/C         
             05/02/2017 06:33 PM       .      05/04/2017 02:35 PM       
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       Senator Stargel moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 17.575, Florida Statutes, is amended to
    6  read:
    7         17.575 Administration of funds; Treasury Investment Council
    8  Committee.—
    9         (1) There is created a Treasury Investment Council
   10  Committee within the Division of Treasury consisting of at least
   11  five members, at least three of whom are professionals from the
   12  private sector, who must possess special knowledge, experience,
   13  and familiarity in finance, investments, or accounting. The
   14  members of the council must committee shall be appointed by and
   15  serve at the pleasure of the Chief Financial Officer. Each
   16  member shall serve a term of 4 years from the date of
   17  appointment. The council committee shall annually elect a chair
   18  and vice chair from among its members membership.
   19         (2) The council shall review the investments required by s.
   20  17.57; meet with staff of the Division of Treasury at least
   21  biannually; and provide recommendations to the Division of
   22  Treasury and the Chief Financial Officer regarding investment
   23  policy, strategy, and procedures The committee shall administer
   24  the Treasury Investment Program consistent with policies
   25  approved by the Chief Financial Officer for deposits and
   26  investments of public funds. The committee shall also make
   27  recommendations regarding investment policy to the Chief
   28  Financial Officer.
   29         (3) Members of the council shall serve without additional
   30  compensation or honorarium, but may receive per diem and
   31  reimbursement for travel expenses as provided in s. 112.061 The
   32  committee shall submit an annual report outlining its activities
   33  and recommendations to the Chief Financial Officer and the Joint
   34  Legislative Auditing Committee. The report shall be submitted on
   35  August 15, 2009, and annually thereafter.
   36         Section 2. Present subsections (14) through (16) of section
   37  215.422, Florida Statutes, are redesignated as subsections (15)
   38  through (17), respectively, and a new subsection (14) is added
   39  to that section, to read:
   40         215.422 Payments, warrants, and invoices; processing time
   41  limits; dispute resolution; agency or judicial branch
   42  compliance.—
   43         (14) All requirements set forth in this section apply to
   44  payments made in accordance with s. 215.971.
   45         Section 3. Section 554.1021, Florida Statutes, is reordered
   46  and amended to read:
   47         554.1021 Definitions.—As used in this chapter, the term ss.
   48  554.1011-554.115:
   49         (3)(1) “Boiler” means a closed vessel in which water or
   50  other liquid is heated, steam or vapor is generated, steam is
   51  superheated, or any combination of these functions is
   52  accomplished, under pressure or vacuum, for use external to
   53  itself, by the direct application of energy from the combustion
   54  of fuels or from electricity or solar energy. The term “boiler”
   55  includes fired units for heating or vaporizing liquids other
   56  than water where these units are separate from processing
   57  systems and are complete within themselves. The varieties of
   58  boilers are as follows:
   59         (f)(a) “Power boiler” means a boiler in which steam or
   60  other vapor is generated at a pressure of more than 15 psig.
   61         (b) “High pressure, high temperature water boiler” means a
   62  water boiler operating at pressures exceeding 160 psig or
   63  temperatures exceeding 250 °F.
   64         (a)(c) “Heating boiler” means a steam or vapor boiler
   65  operating at pressures not exceeding 15 psig, or a hot water
   66  boiler operating at pressures not exceeding 160 psig or
   67  temperatures not exceeding 250 °F.
   68         (c)(d) “Hot water supply boiler” means a boiler or a lined
   69  storage water heater supplying heated water for use external to
   70  itself operating at a pressure not exceeding 160 psig or
   71  temperature not exceeding 250 °F.
   72         (g)(e) “Secondhand boiler” means a boiler that has changed
   73  ownership and location subsequent to its original installation
   74  and use.
   75         (d) “Inservice boiler” means a boiler placed in use after
   76  test firing and required inspections have been satisfactorily
   77  completed.
   78         (e) “Operating boiler” means a boiler connected and ready
   79  for use.
   80         (h) “Secured boiler” means a boiler that has been:
   81         1. Physically disconnected from the system, including
   82  disconnection from fuel, water, steam, electricity, and stack;
   83  or
   84         2. Locked out and tagged out in accordance with the
   85  Occupational Safety and Health Administration’s standard
   86  relating to the control of hazardous energy and lockout or
   87  tagout in 29 C.F.R. s. 1910.147, as adopted by rule of the
   88  department.
   89         (9)(2) “Public assembly locations” includes include
   90  schools, day care centers, community centers, churches,
   91  theaters, hospitals, nursing and convalescent homes, stadiums,
   92  amusement parks, and other locations open to the general public.
   93         (5)(3) “Certificate inspection” means an inspection whose
   94  the report of which is used by the chief boiler inspector to
   95  determine whether or not a certificate of operation may be
   96  issued.
   97         (7)(4) “Certificate of operation compliance” means a
   98  document issued to the owner of a boiler which authorizes the
   99  owner to operate the boiler, subject to any restrictions
  100  endorsed thereon.
  101         (6)(5) “Certificate of competency” means a document issued
  102  to a person who has satisfied the minimum competency
  103  requirements for boiler inspectors under this chapter ss.
  104  554.1011-554.115.
  105         (8)(6) “Department” means the Department of Financial
  106  Services.
  107         (1)(7) “A.S.M.E.” means the American Society of Mechanical
  108  Engineers.
  109         (2) “Authorized inspection agency” means:
  110         (a) Any county, municipality, town, or other governmental
  111  subdivision that has adopted into law the Boiler and Pressure
  112  Vessel Code of the A.S.M.E. and the National Board Inspection
  113  Code for the construction, installation, inspection,
  114  maintenance, and repair of boilers to regulate boilers in public
  115  assembly locations, and whose boiler inspectors hold valid
  116  certificates of competency in accordance with s. 554.104;
  117         (b) An insurer authorized by a subsisting certificate of
  118  authority, issued by the Office of Insurance Regulation, to
  119  transact boiler and machinery insurance in this state, and whose
  120  boiler inspectors hold valid certificates of competency in
  121  accordance with s. 554.104; or
  122         (c) An inspecting agency accredited in accordance with the
  123  National Board of Boiler and Pressure Vessel Inspector’s program
  124  entitled Accreditation of Authorized Inspection Agencies (AIA)
  125  Performing Inservice or Repair/Alteration Inspection
  126  Activities,” document number NB-369, and whose boiler inspectors
  127  hold valid certificates of competency in accordance with s.
  128  554.104. The department shall by rule require an inspection
  129  agency authorized pursuant to this paragraph to maintain
  130  financial security adequate to indemnify the owner of the boiler
  131  if such agency’s negligence or failure to inspect an uninsured
  132  boiler results in a loss. Such inspection agency may inspect
  133  uninsured boilers or, at the direction of an insurance company,
  134  may inspect a boiler insured by that insurance company.
  135         (4) “Boiler insurance company” means a company authorized
  136  by a subsisting certificate of authority, issued by the Office
  137  of Insurance Regulation, to transact boiler and machinery
  138  insurance in this state.
  139         Section 4. Section 554.103, Florida Statutes, is amended to
  140  read:
  141         554.103 Boiler code.—The department shall adopt by rule a
  142  State Boiler Code for the safe construction, installation,
  143  inspection, maintenance, and repair of boilers in this state.
  144  The rules adopted shall be based upon and shall at all times
  145  follow generally accepted nationwide engineering standards,
  146  formulas, and practices pertaining to boiler construction and
  147  safety.
  148         (1) The department shall adopt an existing code for new
  149  construction and installation known as the Boiler and Pressure
  150  Vessel Code of the American Society of Mechanical Engineers,
  151  including all amendments and interpretations approved thereto by
  152  the Council on Codes and Standards of A.S.M.E. The department
  153  may adopt amendments and interpretations to the A.S.M.E. Boiler
  154  and Pressure Vessel Code approved by the A.S.M.E. Council on
  155  Codes and Standards subsequent to the adoption of the State
  156  Boiler Code, and when so adopted by the department, such
  157  amendments and interpretations shall become a part of the State
  158  Boiler Code.
  159         (2) The installer owner of any boiler placed in use in this
  160  state after January 1, 2018, must, before installing the boiler,
  161  apply on a form adopted by rule of the department for a permit
  162  to install the boiler from the chief boiler inspector. The
  163  application must include the boiler’s A.S.M.E. manufacturer’s
  164  data report and other documents required by the State Boiler
  165  Code before the boiler is placed in service. The installer must
  166  contact the chief boiler inspector to schedule an inspection for
  167  each boiler no later than 7 days before the boiler is placed in
  168  service after October 1, 1987, shall submit the A.S.M.E.
  169  manufacturer’s data report on such boiler to the chief inspector
  170  not more than 90 days following the inservice date of the
  171  boiler.
  172         (3) The maximum allowable working pressure of a boiler
  173  carrying the A.S.M.E. code symbol must shall be determined by
  174  the applicable sections of the code under which it was
  175  constructed and stamped. Subject to the concurrence of the chief
  176  boiler inspector, such boiler may be rerated in accordance with
  177  the standards of the State Boiler Code.
  178         (4) The maximum allowable working pressure of a boiler that
  179  which does not carry the A.S.M.E. code symbol must shall be
  180  computed in accordance with the standards of the State Boiler
  181  Code.
  182         (5) This chapter may not Nothing in ss. 554.1011-554.115
  183  shall be construed to in any way prevent the use, sale, or
  184  reinstallation of a boiler if such boiler has been made to
  185  conform to the applicable provisions of the State Boiler Code
  186  governing existing installations and if, upon inspection, the
  187  boiler has been found to be in a safe condition.
  188         (6)The department, at its discretion, may authorize the
  189  construction, installation, and operation of boilers of special
  190  design or construction which do not meet the specific
  191  requirements of the State Boiler Code, but which are consistent
  192  with the intent of the safety objectives of the code.
  193         (7)The department may adopt rules pursuant to ss.
  194  120.536(1) and 120.54 to administer this chapter. Such rules may
  195  include specifying the procedures and forms to be used to obtain
  196  an installation permit, an initial certificate, or a renewal
  197  certificate, and the submission of reports and notices required
  198  under this chapter.
  199         Section 5. Section 554.104, Florida Statutes, is amended to
  200  read:
  201         554.104 Certification of boiler inspectors required;
  202  application; qualifications; renewal Boilers of special design.
  203  The department, at its discretion, may authorize the
  204  construction, installation, and operation of boilers of special
  205  design or construction that do not meet the specific
  206  requirements of the State Boiler Code but are not inconsistent
  207  with the intent of the safety objectives of such code.
  208         (1) CERTIFICATE REQUIRED.—A person may not be, act as, or
  209  advertise or hold himself or herself out to be an inspector of a
  210  boiler that is subject to regulation by this chapter, unless he
  211  or she currently holds a certificate of competency issued by the
  212  department.
  213         (2) APPLICATION.A person who desires to be certified to
  214  inspect boilers that are subject to regulation by this chapter
  215  must apply in writing to the department to take the
  216  certification examination.
  217         (3) QUALIFICATIONS.A person is qualified to take the
  218  certification examination if the person:
  219         (a) Has submitted the application for examination together
  220  with the fee required under s. 554.111(1)(a);
  221         (b) Is at least 18 years of age;
  222         (c) Has completed the 2-hour training course under
  223  subsection (4) on the requirements of this chapter and any
  224  related rules adopted by the department. The course must be
  225  completed no later than 12 months before issuance of an initial
  226  or renewal certificate; and
  227         (d) Has:
  228         1. At least 3 years of experience in the construction,
  229  installation, inspection, operation, maintenance, or repair of
  230  high pressure, high temperature water boilers; or
  231         2. Met the requirements to qualify as a commissioned
  232  inspector by the National Board of Boiler and Pressure Vessel
  233  Inspectors as set forth in NB-263, RCI-1, Rules for Commissioned
  234  Inspectors, as adopted by rule of the department.
  235         (4) TRAINING COURSE.The department shall adopt by rule a
  236  2-hour training course on the requirements of this chapter and
  237  any related rules adopted by the department. The department
  238  shall make the training course available online and may make the
  239  course available in a classroom setting. A boiler insurance
  240  company may include the department’s course as part of its in
  241  house training of a boiler inspector student, in lieu of the
  242  student taking the online training course. A boiler insurance
  243  company that includes the department’s course in its in-house
  244  training of a boiler inspector student must indicate that the
  245  student completed the training on an application filed with the
  246  department for certification of competency.
  247         (5) EXAMINATION.A person applying for a certificate of
  248  competency must have successfully passed the examination
  249  administered by the National Board of Boiler and Pressure Vessel
  250  Inspectors and be eligible to obtain a National Board
  251  commission.
  252         (6) ISSUANCE OF CERTIFICATE.The chief boiler inspector
  253  must issue a certificate of competency to each person who is
  254  qualified under this section and who holds a commission from the
  255  National Board of Boiler and Pressure Vessel Inspectors.
  256         (7) RENEWAL OF CERTIFICATE.—A certificate of competency
  257  expires on December 31 of each year and may be renewed upon the
  258  filing of a renewal application with the department. A secured
  259  electronic application must be used, if available on the
  260  department’s website.
  261         (8) RULES.The department may adopt rules necessary to
  262  administer this section.
  263         Section 6. Section 554.105, Florida Statutes, is amended to
  264  read:
  265         554.105 Chief boiler inspector.—
  266         (1) The Chief Financial Officer shall appoint a chief
  267  boiler inspector, who must have at least shall have not less
  268  than 5 years’ experience in the construction, installation,
  269  inspection, operation, maintenance, or repair of high pressure,
  270  high temperature water boilers and who must shall hold a
  271  commission from the National Board of Boiler and Pressure Vessel
  272  Inspectors or a certificate of competency from the department.
  273         (2) The department, through the chief boiler inspector,
  274  shall administer the state boiler inspection program, and shall:
  275         (a) Take all action necessary to enforce the State Boiler
  276  Code and the rules adopted pursuant to this chapter ss.
  277  554.1011-554.115.
  278         (b) Keep a complete record on all boilers at public
  279  assembly locations. Such record must shall include the name of
  280  each boiler owner or user and the location, type, dimensions,
  281  maximum allowable working pressure, age, and last recorded
  282  inspection of each boiler, and any other information necessary
  283  to expedite the certification process.
  284         (c) Publish and make available to anyone, upon request,
  285  copies of the rules adopted pursuant to ss. 554.1011-554.115.
  286         (d) Expend funds necessary to meet the expenses authorized
  287  by this chapter ss. 554.1011-554.115, including the necessary
  288  travel expenses of the chief boiler inspector and deputy boiler
  289  inspectors, and the expenses incident to the maintenance of this
  290  his or her office.
  291         Section 7. Section 554.106, Florida Statutes, is amended to
  292  read:
  293         554.106 Deputy boiler inspectors.—
  294         (1) The department shall employ deputy boiler inspectors
  295  who shall be responsible to the chief boiler inspector and who
  296  shall each hold a certificate of competency from the department.
  297         (2) A deputy boiler inspector shall perform inspections of
  298  uninsured boilers that are subject to regulation under this
  299  chapter, in accordance with the inspection frequency set forth
  300  in s. 554.108. A deputy boiler inspector may also engage in
  301  public outreach activities of the department and conduct other
  302  duties as assigned by the chief boiler inspector.
  303         Section 8. Section 554.107, Florida Statutes, is amended to
  304  read:
  305         554.107 Special boiler inspectors.—
  306         (1) Upon application by any authorized inspection agency
  307  company licensed to insure boilers in this state, the chief
  308  boiler inspector shall issue a certificate of competency as a
  309  special boiler inspector to any inspector employed by the
  310  authorized inspection agency company, if provided that such
  311  boiler inspector satisfies the competency requirements for
  312  inspectors as provided in s. 554.104 s. 554.113. Special boiler
  313  inspectors shall perform inspections of insured boilers in
  314  accordance with the inspection frequency set forth in s.
  315  554.108.
  316         (2) The certificate of competency of a special boiler
  317  inspector remains shall remain in effect only so long as the
  318  special boiler inspector is employed by an authorized inspection
  319  agency a company licensed to insure boilers in this state. Upon
  320  termination of employment with such company, such company a
  321  special inspector shall, in writing, notify the chief boiler
  322  inspector of such special boiler inspector’s termination. Such
  323  notice must shall be given within 15 days following the date of
  324  termination.
  325         Section 9. Subsections (1), (2), (4), and (5) of section
  326  554.108, Florida Statutes, are amended, and subsection (6) is
  327  added to that section, to read:
  328         554.108 Inspection.—
  329         (1) The inspection requirements of this chapter apply only
  330  to boilers located in public assembly locations. A potable hot
  331  water supply boiler with a heat input of 200,000 British thermal
  332  units (Btu) per hour and above, up to a heat input not exceeding
  333  400,000 Btu per hour, is exempt from inspection, but must be
  334  stamped with the A.S.M.E. code symbol “HLW” and the boiler’s
  335  A.S.M.E data report must be filed as required under s.
  336  554.103(2) The only boilers required to be inspected under the
  337  provisions of ss. 554.1011-554.115 are boilers located in public
  338  assembly locations.
  339         (2) Each inspection of a boiler conducted pursuant to this
  340  chapter must ss. 554.1011-554.115 shall be made by the chief
  341  boiler inspector, a deputy boiler inspector, or a special boiler
  342  inspector. An owner, or the owner’s designee, shall perform all
  343  operation, testing, manipulation of boiler controls and safety
  344  devices, removal of lagging, and disassembly of boiler
  345  components to allow the chief boiler inspector, deputy boiler
  346  inspector, or special boiler inspector to conduct inspections as
  347  required by this section.
  348         (4) Each boiler subject to inspection must be inspected
  349  within 30 days after expiration of the boiler’s certificate of
  350  operation. However, an inspection report must be received by the
  351  chief boiler inspector no later than 30 days after the projected
  352  expiration date of the certificate of operation. If, upon
  353  inspection, the chief boiler inspector, deputy boiler inspector,
  354  or special boiler inspector finds that a boiler is in violation
  355  of any provision of the State Boiler Code, the inspector must
  356  promptly notify the owner or user and state what repairs or
  357  other corrective measures are needed. Deputy boiler inspectors
  358  and special boiler inspectors shall file a written report, on a
  359  form adopted by rule of the department, on each certificate
  360  inspection with the chief boiler inspector within 15 days after
  361  the following such inspection. A certificate inspection report
  362  must list all violations of the State Boiler Code and any
  363  conditions that may adversely affect the operation of the
  364  boiler. The filing of reports of inspections, other than
  365  statutorily required certificate inspections, is are not
  366  required unless such inspections disclose that a boiler is in an
  367  unsafe condition or unless the boiler has failed and requires
  368  major repair or replacement. The inspection report must list the
  369  extent of damage to the boiler, as well as the cause of the
  370  failure, if known, and any other pertinent information. However,
  371  an inspection report must be filed for any inspection performed
  372  on a boiler with a previously identified code violation. The
  373  report must indicate whether the violation has been corrected.
  374  The agency responsible for conducting the inspection must
  375  perform followup inspections, not more than every 6 months, of a
  376  previously identified code violation until it is corrected.
  377         (5) Upon a determination by the chief boiler inspector
  378  determining that a boiler cannot be safely operated, is in an
  379  unsafe condition and poses an imminent danger to the public
  380  health, safety, and welfare, the chief inspector, a deputy
  381  inspector, or a special inspector may immediately order the
  382  boiler must immediately to be shut down. The chief boiler
  383  inspector or a deputy boiler inspector shall attach a tag to the
  384  boiler indicating that the boiler has been shut down due to an
  385  unsafe condition. The boiler must shall remain shut down until a
  386  reinspection by the chief boiler inspector or a deputy boiler a
  387  certified inspector determines that all violations have been
  388  corrected, that the boiler may be operated safely, and that a
  389  certificate of compliance has been issued. A boiler that may not
  390  be safely operated, as determined by the chief boiler inspector,
  391  is deemed to constitute an imminent danger to the public health,
  392  safety, and welfare.
  393         (6) The department may adopt rules necessary to administer
  394  this section.
  395         Section 10. Section 554.1081, Florida Statutes, is created
  396  to read:
  397         554.1081 Boiler inspections by insurance companies and
  398  local governmental agencies.—
  399         (1) An insurance company insuring a boiler located in a
  400  public assembly location in this state shall inspect, or shall
  401  contract with an authorized inspection agency to inspect, the
  402  insured boiler. A boiler insurance company shall annually report
  403  to the department the name of any authorized inspection agency
  404  performing any required boiler inspections on its behalf and
  405  shall actively monitor insured boilers to ensure that
  406  inspections are conducted as required by this chapter.
  407         (2)A county, municipality, town, or other governmental
  408  subdivision that has adopted into law the Boiler and Pressure
  409  Vessel Code of the A.S.M.E. and the National Board Inspection
  410  Code for the construction, installation, inspection,
  411  maintenance, and repair of boilers to regulate boilers in public
  412  assembly locations may inspect such boilers. All boiler
  413  inspections must be conducted by special boiler inspectors in
  414  accordance with this chapter.
  415         Section 11. Section 554.109, Florida Statutes, is amended
  416  to read:
  417         554.109 Exemptions.—
  418         (1) Any insurance company insuring a boiler located in a
  419  public assembly location in this state shall inspect such boiler
  420  so insured, and any county, city, town, or other governmental
  421  subdivision which has adopted into law the Boiler and Pressure
  422  Vessel Code of the American Society of Mechanical Engineers and
  423  the National Board Inspection Code for the construction,
  424  installation, inspection, maintenance, and repair of boilers,
  425  regulating such boilers in public assembly locations, shall
  426  inspect such boilers so regulated; provided that such inspection
  427  shall be conducted by a special inspector licensed pursuant to
  428  ss. 554.1011-554.115. Upon filing of a report of satisfactory
  429  inspection with the department, such boiler is exempt from
  430  inspection by the department.
  431         (2) The provisions of This chapter does shall not apply to
  432  potable hot water supply boilers or lined storage water heaters
  433  that which are directly fired with oil, gas, electricity, or
  434  solar energy, provided that none of the following limitations is
  435  are exceeded:
  436         (1)(a) Heat input of 400,000 Btu per hour.
  437         (2)(b) Water temperature of 210 degrees Fahrenheit.
  438         (3)(c) Nominal water-containing capacity of 120 gallons.
  439  
  440  These exempt hot water supply boilers and lined storage water
  441  heaters shall be equipped with safety relief valves conforming
  442  to the requirements of the Boiler and Pressure Vessel Code of
  443  the American Society of Mechanical Engineers and of the National
  444  Board Inspection Code.
  445         Section 12. Section 554.1101, Florida Statutes, is amended
  446  to read:
  447         554.1101 Certificate of operation compliance.—
  448         (1) If an inspection report filed pursuant to s. 554.108
  449  shows a boiler to be in compliance with all applicable
  450  provisions of the State Boiler Code, the chief boiler inspector
  451  must shall, upon receipt of the inspection fee, issue a
  452  certificate of operation compliance to the owner. Such
  453  certificate must shall bear the date of the inspection and
  454  specify the maximum pressure at which the boiler may be
  455  operated.
  456         (2) The certificate for a power boiler or a high pressure,
  457  high temperature water boiler is valid for a period of 12 months
  458  from the date of the certificate inspection. The certificate for
  459  a heating boiler or a hot water supply boiler is valid for a
  460  period of 24 months from the date of the certificate inspection.
  461  The certificate must shall be posted under glass, or be
  462  similarly protected, in the room containing the boiler.
  463         (3) A boiler insurance company shall notify the chief
  464  boiler inspector within 30 days after the issuance of a new or
  465  renewal boiler and machinery insurance policy, or the
  466  cancellation or nonrenewal of a boiler and machinery insurance
  467  policy, covering places of public assembly in this state.
  468         (4) If the chief boiler inspector has knowledge that a
  469  boiler regulated under this chapter was covered by a boiler and
  470  machinery insurance policy after its most recent certification
  471  inspection, the certificateholder must, upon the request of the
  472  chief boiler inspector, submit its certificate of boiler and
  473  machinery insurance for the boiler if the department has not
  474  received the special boiler inspector’s annual inspection report
  475  within 30 days after its due date.
  476         Section 13. Section 554.111, Florida Statutes, is amended
  477  to read:
  478         554.111 Fees.—
  479         (1) The department shall charge the following fees:
  480         (a) For an applicant for a certificate of competency, the
  481  initial application fee shall be $50, and the annual renewal fee
  482  shall be $30. The fee for examination shall be $50.
  483         (b) For certificate inspections conducted by the
  484  department:
  485         1. For power boilers and high pressure, high temperature
  486  water boilers of:
  487  4,000 square feet or less heating surface....................$60
  488  More than 4,000 square feet heating surface and less than 10,000
  489  square feet of heating surface...............................$70
  490  10,000 square feet or more heating surface...................$90
  491         2. For heating boilers:
  492  Without a manhole............................................$40
  493  With a manhole...............................................$70
  494         3. For hot water supply boilers.......................$40
  495         (c) For issuance of a compliance certificate of operation
  496  without a department inspection..............................$30
  497         (d) Duplicate certificates or address
  498  changes.......................................................$5
  499         (e) An application for a boiler permit must include the
  500  applicable certificate inspection fee provided in paragraph (b).
  501         (2) Not more than an amount equal to one certificate
  502  inspection fee may shall be charged or collected for any and all
  503  boiler inspections in any inspection period, except as otherwise
  504  provided in this chapter ss. 554.1011-554.115.
  505         (a) When it is necessary to make a special trip to observe
  506  the application of a hydrostatic test, an additional fee equal
  507  to the fee for a certificate inspection of the boiler must shall
  508  be charged.
  509         (b) All other inspections, including shop inspections,
  510  surveys, and inspections of secondhand boilers made by the chief
  511  boiler inspector or a deputy boiler inspector, must shall be
  512  charged at the rate of not less than $270 for one-half day of 4
  513  hours, and $500 for 1 full day of 8 hours, plus travel, hotel,
  514  and incidental expenses in accordance with chapter 112.
  515         (3) The chief boiler inspector shall deposit all fees or
  516  fines received pursuant to this chapter ss. 554.1011-554.115
  517  into the Insurance Regulatory Trust Fund.
  518         Section 14. Sections 554.112 and 554.113, Florida Statutes,
  519  are repealed.
  520         Section 15. Section 554.114, Florida Statutes, is amended
  521  to read:
  522         554.114 Prohibitions; penalties.—
  523         (1) A person may not:
  524         (a) Operate a boiler at a public assembly location without
  525  a valid certificate of operation compliance for that boiler;
  526         (b) Give false or forged information to the department or
  527  an inspector for the purpose of obtaining a certificate of
  528  compliance;
  529         (c) Use a certificate of operation compliance for any
  530  boiler other than for the boiler for which it was issued;
  531         (c)(d) Operate a boiler for which the certificate of
  532  operation compliance has been suspended, revoked, or not
  533  renewed;
  534         (e) Give false or forged information to the department for
  535  the purpose of obtaining a certificate of competence; or
  536         (d)(f) Inspect any boiler regulated under this chapter the
  537  provisions of ss. 554.1011-554.115 without having a valid
  538  certificate of competency.
  539         (2) A boiler insurance company that fails to inspect or to
  540  have inspected, in accordance with this chapter, any boiler
  541  insured by the company and regulated under this chapter is
  542  subject to the penalties provided in subsection (4), unless the
  543  failure to inspect was the result of an owner’s or operator’s
  544  failure to provide reasonable access to the boiler Any person
  545  who violates this section is guilty of a misdemeanor of the
  546  second degree, punishable by fine as provided in s. 775.083.
  547         (3) An authorized inspection agency that is under contract
  548  with a boiler insurance company and that fails to inspect, in
  549  accordance with this chapter, any boiler insured by the company
  550  and regulated under this chapter is subject to the penalties
  551  provided in subsection (4), unless the failure to inspect was
  552  the result of an owner’s or operator’s failure to provide
  553  reasonable access to the boiler.
  554         (4)A boiler insurance company, authorized inspection
  555  agency, or other person in violation of this section for more
  556  than 30 days shall pay a fine of $10 per day for the first 10
  557  days of noncompliance, $50 per day for the subsequent 20 days of
  558  noncompliance, and $100 per day for each subsequent day over 20
  559  days of noncompliance.
  560         Section 16. Section 554.115, Florida Statutes, is amended
  561  to read:
  562         554.115 Disciplinary proceedings.—
  563         (1) The department may deny, refuse to renew, suspend, or
  564  revoke a certificate of operation compliance upon proof that:
  565         (a) The certificate has been obtained by fraud or
  566  misrepresentation;
  567         (b) The boiler for which the certificate was issued cannot
  568  be operated safely; or
  569         (c) The person who received the certificate willfully or
  570  deliberately violated the State Boiler Code, this chapter, or
  571  ss. 554.1011-554.115 or any other rule adopted pursuant to this
  572  chapter; or ss. 554.1011-554.115.
  573         (d) The owner of a boiler:
  574         1. Operated a boiler at a public assembly location without
  575  a valid certificate of operation for that boiler;
  576         2. Used a certificate of operation for a boiler other than
  577  the boiler for which the certificate of operation was issued;
  578         3. Gave false or forged information to the department, to
  579  an authorized inspection agency, or to another boiler inspector
  580  for the purpose of obtaining a certificate of operation;
  581         4. Operated a boiler after the certificate of operation for
  582  the boiler expired, was not renewed, or was suspended or
  583  revoked;
  584         5. Operated a boiler that is in an unsafe condition; or
  585         6. Operated a boiler in a manner that is contrary to the
  586  requirements of this chapter or any rule adopted under this
  587  chapter.
  588         (2) The department may deny, refuse to renew, suspend, or
  589  revoke a certificate of competency upon proof that:
  590         (a) The certificate was obtained by fraud or
  591  misrepresentation;
  592         (b) The inspector to whom the certificate was issued is no
  593  longer qualified under this chapter ss. 554.1011-554.115 to
  594  inspect boilers; or
  595         (c) The boiler inspector:
  596         1. Operated a boiler at a public assembly location without
  597  a valid certificate of compliance for that boiler;
  598         2. Gave false or forged information to the department, an
  599  authorized inspection agency, or to another boiler inspector for
  600  the purpose of obtaining a certificate of operation; or
  601  compliance;
  602         3. Used a certificate of compliance for any boiler other
  603  than the boiler for which it was issued;
  604         4. Operated a boiler for which the certificate of
  605  compliance has been suspended or revoked or has expired;
  606         2.5. Inspected any boiler regulated under this chapter ss.
  607  554.1011-554.115 without having obtained a valid certificate of
  608  competency.;
  609         6. Operated a boiler that is in an unsafe condition; or
  610         7. Operated a boiler in a manner that is contrary to the
  611  requirements of this chapter or any rule adopted under this
  612  chapter.
  613         (3) Each suspension of a certificate of operation
  614  compliance or certificate of competency shall continue in effect
  615  until all violations have been corrected and, for boiler safety
  616  violations, until the boiler has been inspected by an authorized
  617  inspector and shown to be in a safe working condition.
  618         (4) A person in violation of this section who does not have
  619  a valid certificate of competency shall be reported by the chief
  620  inspector to the appropriate state attorney.
  621         (5) A person in violation of this section who has a valid
  622  certificate of competency is subject to administrative action by
  623  the chief inspector.
  624         (4)(6) A revocation of a certificate of competency is
  625  permanent, and a revoked certificate of competency may not be
  626  reinstated or a new certificate of competency issued to the same
  627  person. A suspension of a certificate of competency continues in
  628  effect until all violations have been corrected. A suspension of
  629  a certificate of compliance for any boiler safety violation
  630  continues in effect until the boiler has been inspected by an
  631  authorized inspector and shown to be in safe working condition.
  632         Section 17. Section 554.1151, Florida Statutes, is created
  633  to read:
  634         554.1151 Administrative fine in lieu of or in addition to
  635  suspension, revocation, or refusal to renew a certificate of
  636  operation or competency.—
  637         (1) If the department finds that one or more grounds exist
  638  for the suspension, revocation, or refusal to renew any
  639  certificate of operation or certificate of competency issued
  640  under this chapter, the department may, in its discretion, in
  641  lieu of or in addition to suspension or revocation or in lieu of
  642  refusal to renew, impose upon the certificateholder an
  643  administrative penalty in an amount up to $500, or, if the
  644  department has found willful misconduct or willful violation on
  645  the part of the certificateholder, in an amount up to $3,500.
  646         (2) The department may allow the certificateholder a
  647  reasonable period, no more than 30 days, within which to pay to
  648  the department the amount of the penalty so imposed. If the
  649  certificateholder fails to pay the penalty in its entirety to
  650  the department within the period so allowed, the certificate of
  651  that person must be suspended until the penalty is paid. If the
  652  certificateholder fails to pay the penalty in its entirety to
  653  the department within 90 days after the period so allowed, the
  654  certificate of that person must be revoked.
  655         Section 18. Subsection (7) of section 624.307, Florida
  656  Statutes, is amended to read:
  657         624.307 General powers; duties.—
  658         (7) The department and office, within existing resources,
  659  may expend funds for the professional development of its
  660  employees, including, but not limited to, professional dues for
  661  employees who are required to be members of professional
  662  organizations; examinations leading to professional designations
  663  required for employment with the office; training courses and
  664  examinations provided through, and to ensure compliance with,
  665  the National Association of Insurance Commissioners; or other
  666  training courses related to the regulation of insurance.
  667         Section 19. Present subsections (1), (2), and (3) and (4)
  668  through (19) of section 626.015, Florida Statutes, are
  669  redesignated as subsections (2), (3), and (4) and (6) through
  670  (21), respectively, present subsection (8) is amended, and new
  671  subsections (1) and (5) are added to that section, to read:
  672         626.015 Definitions.—As used in this part:
  673         (1) “Active participant” means a member in good standing of
  674  an association who attends 4 or more hours of association
  675  meetings every year, not including any department-approved
  676  continuing education course.
  677         (5) “Association” includes the Florida Association of
  678  Insurance Agents (FAIA), the National Association of Insurance
  679  and Financial Advisors (NAIFA), the Florida Association of
  680  Health Underwriters (FAHU), the Latin American Association of
  681  Insurance Agencies (LAAIA), the Florida Association of Public
  682  Insurance Adjusters (FAPIA), the Florida Bail Agents Association
  683  (FBAA), or the Professional Bail Agents of the United States
  684  (PBUS).
  685         (10)(8) “Insurance agency” means a business location at
  686  which an individual, firm, partnership, corporation,
  687  association, or other entity, other than an employee of the
  688  individual, firm, partnership, corporation, association, or
  689  other entity and other than an insurer as defined by s. 624.03
  690  or an adjuster as defined by subsection (2) (1), engages in any
  691  activity or employs individuals to engage in any activity which
  692  by law may be performed only by a licensed insurance agent.
  693         Section 20. Section 626.207, Florida Statutes, is amended
  694  to read:
  695         626.207 Disqualification of applicants and licensees;
  696  penalties against licensees; rulemaking authority.—
  697         (1) For purposes of this section, the term or terms:
  698         (a) “Applicant” means an individual applying for licensure
  699  or relicensure under this chapter, and an officer, director,
  700  majority owner, partner, manager, or other person who manages or
  701  controls an entity applying for licensure or relicensure under
  702  this chapter.
  703         (c) “Financial services business” means any financial
  704  activity regulated by the Department of Financial Services, the
  705  Office of Insurance Regulation, or the Office of Financial
  706  Regulation.
  707         (b)(2)For purposes of this section, the terms “Felony of
  708  the first degree” and “capital felony” include all felonies
  709  designated as such by the Florida Statutes, as well as any
  710  felony so designated in the jurisdiction in which the plea is
  711  entered or judgment is rendered.
  712         (2)(3) An applicant who has been found guilty of or has
  713  pleaded guilty or nolo contendere to any of the following
  714  crimes, regardless of adjudication, is permanently barred from
  715  licensure under this chapter: commits
  716         (a) A felony of the first degree;
  717         (b) A capital felony;
  718         (c) A felony involving money laundering;, fraud, or
  719         (d) A felony embezzlement; or
  720         (e) A felony directly related to the financial services
  721  business is permanently barred from applying for a license under
  722  this part. This bar applies to convictions, guilty pleas, or
  723  nolo contendere pleas, regardless of adjudication, by any
  724  applicant, officer, director, majority owner, partner, manager,
  725  or other person who manages or controls any applicant.
  726         (3)(4)An applicant who has been found guilty of or has
  727  pleaded guilty or nolo contendere to a crime For all other
  728  crimes not included in subsection (2), regardless of
  729  adjudication, is subject to (3), the department shall adopt
  730  rules establishing the process and application of disqualifying
  731  periods that include:
  732         (a) A 15-year disqualifying period for all felonies
  733  involving moral turpitude which that are not specifically
  734  included in the permanent bar contained in subsection (2) (3).
  735         (b) A 7-year disqualifying period for all felonies to which
  736  neither the permanent bar in subsection (2) (3) nor the 15-year
  737  disqualifying period in paragraph (a) applies.
  738         (c) A 7-year disqualifying period for all misdemeanors
  739  directly related to the financial services business.
  740         (4)(5) The department shall adopt rules to administer this
  741  section. The rules must provide providing for additional
  742  disqualifying periods due to the commitment of multiple crimes
  743  and may include other factors reasonably related to the
  744  applicant’s criminal history. The rules shall provide for
  745  mitigating and aggravating factors. However, mitigation may not
  746  result in a period of disqualification of less than 7 years and
  747  may not mitigate the disqualifying periods in paragraphs (3)(b)
  748  and (c) (4)(b) and (c).
  749         (5)(6) For purposes of this section, the disqualifying
  750  periods begin upon the applicant’s final release from
  751  supervision or upon completion of the applicant’s criminal
  752  sentence, including payment of fines, restitution, and court
  753  costs for the crime for which the disqualifying period applies.
  754  The department may not issue a license to an applicant unless
  755  all related fines, court costs and fees, and court-ordered
  756  restitution have been paid.
  757         (6)(7) After the disqualifying period has expired been met,
  758  the burden is on the applicant to demonstrate that the applicant
  759  has been rehabilitated, does not pose a risk to the insurance
  760  buying public, is fit and trustworthy to engage in the business
  761  of insurance pursuant to s. 626.611(1)(g), and is otherwise
  762  qualified for licensure.
  763         (7)Notwithstanding subsections (2) and (3), upon a grant
  764  of a pardon or the restoration of civil rights pursuant to
  765  chapter 940 and s. 8, Art. IV of the State Constitution with
  766  respect to a finding of guilt or a plea under subsection (2) or
  767  subsection (3), such finding or plea no longer bars or
  768  disqualifies the applicant from licensure under this chapter
  769  unless the clemency specifically excludes licensure in the
  770  financial services business; however, a pardon or restoration of
  771  civil rights does not require the department to award such
  772  license.
  773         (8) The department shall adopt rules establishing specific
  774  penalties against licensees in accordance with ss. 626.641 and
  775  626.651 for violations of s. 626.611, s. 626.621, s. 626.8437,
  776  s. 626.844, s. 626.935, s. 634.181, s. 634.191, s. 634.320, s.
  777  634.321, s. 634.422, s. 634.423, s. 642.041, or s. 642.043. The
  778  purpose of the revocation or suspension is to provide a
  779  sufficient penalty to deter future violations of the Florida
  780  Insurance Code. The imposition of a revocation or the length of
  781  suspension shall be based on the type of conduct and the
  782  probability that the propensity to commit further illegal
  783  conduct has been overcome at the time of eligibility for
  784  relicensure. The length of suspension may be adjusted based on
  785  aggravating or mitigating factors, established by rule and
  786  consistent with this purpose.
  787         (9) Section 112.011 does not apply to any applicants for
  788  licensure under the Florida Insurance Code, including, but not
  789  limited to, agents, agencies, adjusters, adjusting firms,
  790  customer representatives, or managing general agents.
  791         Section 21. Paragraph (j) of subsection (2) of section
  792  626.221, Florida Statutes, is amended to read:
  793         626.221 Examination requirement; exemptions.—
  794         (2) However, an examination is not necessary for any of the
  795  following:
  796         (j) An applicant for license as an all-lines adjuster who
  797  has the designation of Accredited Claims Adjuster (ACA) from a
  798  regionally accredited postsecondary institution in this state,
  799  Associate in Claims (AIC) from the Insurance Institute of
  800  America, Professional Claims Adjuster (PCA) from the
  801  Professional Career Institute, Professional Property Insurance
  802  Adjuster (PPIA) from the HurriClaim Training Academy, Certified
  803  Adjuster (CA) from ALL LINES Training, or Certified Claims
  804  Adjuster (CCA) from AE21 Incorporated, or Universal Claims
  805  Certification (UCC) from Claims and Litigation Management
  806  Alliance (CLM) whose curriculum has been approved by the
  807  department and which includes comprehensive analysis of basic
  808  property and casualty lines of insurance and testing at least
  809  equal to that of standard department testing for the all-lines
  810  adjuster license. The department shall adopt rules establishing
  811  standards for the approval of curriculum.
  812         Section 22. Present paragraphs (i) and (j) of subsection
  813  (7) of section 626.2815, Florida Statutes, are redesignated as
  814  paragraphs (j) and (k), respectively, and a new paragraph (i) is
  815  added to that subsection, to read:
  816         626.2815 Continuing education requirements.—
  817         (7) The following courses may be completed in order to meet
  818  the elective continuing education course requirements:
  819         (i) Any part of the Claims and Litigation Management
  820  Alliance (CLM) Universal Claims Certification (UCC) professional
  821  designation: 19 hours of elective continuing education and 5
  822  hours of the continuing education required under subsection (3).
  823         Section 23. Paragraph (b) of subsection (1) of section
  824  626.8734, Florida Statutes, is amended to read:
  825         626.8734 Nonresident all-lines adjuster license
  826  qualifications.—
  827         (1) The department shall issue a license to an applicant
  828  for a nonresident all-lines adjuster license upon determining
  829  that the applicant has paid the applicable license fees required
  830  under s. 624.501 and:
  831         (b) Has passed to the satisfaction of the department a
  832  written Florida all-lines adjuster examination of the scope
  833  prescribed in s. 626.241(6); however, the requirement for the
  834  examination does not apply to:
  835         1. An applicant who is licensed as an all-lines adjuster in
  836  his or her home state if that state has entered into a
  837  reciprocal agreement with the department; or
  838         2. An applicant who is licensed as a nonresident all-lines
  839  adjuster in a state other than his or her home state and a
  840  reciprocal agreement with the appropriate official of the state
  841  of licensure has been entered into with the department; or
  842         3. An applicant who holds a certification set forth in s.
  843  626.221(2)(j).
  844         Section 24. Section 626.9954, Florida Statutes, is amended
  845  to read:
  846         626.9954 Disqualification from registration.—
  847         (1) As used in this section, the terms “felony of the first
  848  degree” and “capital felony” include all felonies so designated
  849  by the laws of this state, as well as any felony so designated
  850  in the jurisdiction in which the plea is entered or judgment is
  851  rendered.
  852         (2) An applicant who has been found guilty of or has
  853  pleaded guilty or nolo contendere to the following crimes,
  854  regardless of adjudication, is permanently disqualified from
  855  registration under this part: commits
  856         (a) A felony of the first degree;
  857         (b) A capital felony;
  858         (c) A felony involving money laundering;, fraud, or
  859         (d) A felony embezzlement; or
  860         (e) A felony directly related to the financial services
  861  business is permanently barred from applying for registration
  862  under this part. This bar applies to convictions, guilty pleas,
  863  or nolo contendere pleas, regardless of adjudication, by an
  864  applicant.
  865         (3) An applicant who has been found guilty of or has
  866  pleaded guilty or nolo contendere to a crime For all other
  867  crimes not described in subsection (2), regardless of
  868  adjudication, is subject to the department may adopt rules
  869  establishing the process and application of disqualifying
  870  periods including:
  871         (a) A 15-year disqualifying period for all felonies
  872  involving moral turpitude which are not specifically included in
  873  subsection (2).
  874         (b) A 7-year disqualifying period for all felonies not
  875  specifically included in subsection (2) or paragraph (a).
  876         (c) A 7-year disqualifying period for all misdemeanors
  877  directly related to the financial services business.
  878         (4) The department may adopt rules to administer this
  879  section. The rules must provide for providing additional
  880  disqualifying periods due to the commitment of multiple crimes
  881  and may include other factors reasonably related to the
  882  applicant’s criminal history. The rules must provide for
  883  mitigating and aggravating factors. However, mitigation may not
  884  result in a disqualifying period of less than 7 years and may
  885  not mitigate the disqualifying periods in paragraph (3)(b) or
  886  paragraph (3)(c).
  887         (5) For purposes of this section, the disqualifying periods
  888  begin upon the applicant’s final release from supervision or
  889  upon completion of the applicant’s criminal sentence, including
  890  the payment of fines, restitution, and court costs for the crime
  891  for which the disqualifying period applies. The department may
  892  not issue a registration to an applicant unless all related
  893  fines, court costs and fees, and court-ordered restitution have
  894  been paid.
  895         (6) After the disqualifying period has expired been met,
  896  the burden is on the applicant to demonstrate to the
  897  satisfaction of the department that he or she has been
  898  rehabilitated and does not pose a risk to the insurance-buying
  899  public and is otherwise qualified for registration.
  900         (7)Notwithstanding subsections (2) and (3), upon a grant
  901  of a pardon or the restoration of civil rights pursuant to
  902  chapter 940 and s. 8, Art. IV of the State Constitution with
  903  respect to a finding of guilt or a plea under subsection (2) or
  904  subsection (3), such finding or plea no longer bars or
  905  disqualifies the applicant from applying for registration under
  906  this part unless the clemency specifically excludes licensure or
  907  specifically excludes registration in the financial services
  908  business; however, a pardon or restoration of civil rights does
  909  not require the department to award such registration.
  910         (8)(7) Section 112.011 does not apply to an applicant for
  911  registration as a navigator.
  912         Section 25. Paragraph (a) of subsection (3) of section
  913  626.2815, Florida Statutes, is amended, and paragraph (j) is
  914  added to that subsection, to read:
  915         626.2815 Continuing education requirements.—
  916         (3) Each licensee except a title insurance agent must
  917  complete a 5-hour update course every 2 years which is specific
  918  to the license held by the licensee. The course must be
  919  developed and offered by providers and approved by the
  920  department. The content of the course must address all lines of
  921  insurance for which examination and licensure are required and
  922  include the following subject areas: insurance law updates,
  923  ethics for insurance professionals, disciplinary trends and case
  924  studies, industry trends, premium discounts, determining
  925  suitability of products and services, and other similar
  926  insurance-related topics the department determines are relevant
  927  to legally and ethically carrying out the responsibilities of
  928  the license granted. A licensee who holds multiple insurance
  929  licenses must complete an update course that is specific to at
  930  least one of the licenses held. Except as otherwise specified,
  931  any remaining required hours of continuing education are
  932  elective and may consist of any continuing education course
  933  approved by the department under this section.
  934         (a) Except as provided in paragraphs (b), (c), (d), (e),
  935  and (i), and (j), each licensee must also complete 19 hours of
  936  elective continuing education courses every 2 years.
  937         (j) For a licensee who is an active participant in an
  938  association, 2 hours of elective continuing education credit per
  939  calendar year may be approved by the department, if properly
  940  reported by the association.
  941         Section 26. Paragraph (n) of subsection (1) and subsection
  942  (2) of section 626.611, Florida Statutes, are amended to read:
  943         626.611 Grounds for compulsory refusal, suspension, or
  944  revocation of agent’s, title agency’s, adjuster’s, customer
  945  representative’s, service representative’s, or managing general
  946  agent’s license or appointment.—
  947         (1) The department shall deny an application for, suspend,
  948  revoke, or refuse to renew or continue the license or
  949  appointment of any applicant, agent, title agency, adjuster,
  950  customer representative, service representative, or managing
  951  general agent, and it shall suspend or revoke the eligibility to
  952  hold a license or appointment of any such person, if it finds
  953  that as to the applicant, licensee, or appointee any one or more
  954  of the following applicable grounds exist:
  955         (n) Having been found guilty of or having pleaded guilty or
  956  nolo contendere to a felony or a crime punishable by
  957  imprisonment of 1 year or more under the law of the United
  958  States of America or of any state thereof or under the law of
  959  any other country which involves moral turpitude, without regard
  960  to whether a judgment of conviction has been entered by the
  961  court having jurisdiction of such cases.
  962         (2) The department shall, upon receipt of information or an
  963  indictment, immediately temporarily suspend a license or
  964  appointment issued under this chapter when the licensee is
  965  charged with a felony enumerated in s. 626.207(2) s. 626.207(3).
  966  Such suspension shall continue if the licensee is found guilty
  967  of, or pleads guilty or nolo contendere to, the crime,
  968  regardless of whether a judgment or conviction is entered,
  969  during a pending appeal. A person may not transact insurance
  970  business after suspension of his or her license or appointment.
  971         Section 27. Subsection (8) of section 626.621, Florida
  972  Statutes, is amended, and a new subsection (15) is added to that
  973  section, to read:
  974         626.621 Grounds for discretionary refusal, suspension, or
  975  revocation of agent’s, adjuster’s, customer representative’s,
  976  service representative’s, or managing general agent’s license or
  977  appointment.—The department may, in its discretion, deny an
  978  application for, suspend, revoke, or refuse to renew or continue
  979  the license or appointment of any applicant, agent, adjuster,
  980  customer representative, service representative, or managing
  981  general agent, and it may suspend or revoke the eligibility to
  982  hold a license or appointment of any such person, if it finds
  983  that as to the applicant, licensee, or appointee any one or more
  984  of the following applicable grounds exist under circumstances
  985  for which such denial, suspension, revocation, or refusal is not
  986  mandatory under s. 626.611:
  987         (8) Having been found guilty of or having pleaded guilty or
  988  nolo contendere to a felony or a crime punishable by
  989  imprisonment of 1 year or more under the law of the United
  990  States of America or of any state thereof or under the law of
  991  any other country, without regard to whether a judgment of
  992  conviction has been entered by the court having jurisdiction of
  993  such cases.
  994         (15) Denial, suspension, or revocation of, or any other
  995  adverse administrative action against, a license to practice or
  996  conduct any regulated profession, business, or vocation by this
  997  state, any other state, any nation, any possession or district
  998  of the United States, any court, or any lawful agency thereof.
  999         Section 28. Subsection (2) of section 626.7845, Florida
 1000  Statutes, is amended to read:
 1001         626.7845 Prohibition against unlicensed transaction of life
 1002  insurance.—
 1003         (2) Except as provided in s. 626.112(6), with respect to
 1004  any line of authority specified in s. 626.015(12) s.
 1005  626.015(10), an no individual may not shall, unless licensed as
 1006  a life agent:
 1007         (a) Solicit insurance or annuities or procure applications;
 1008         (b) In this state, engage or hold himself or herself out as
 1009  engaging in the business of analyzing or abstracting insurance
 1010  policies or of counseling or advising or giving opinions to
 1011  persons relative to insurance or insurance contracts, unless the
 1012  individual is other than:
 1013         1. As A consulting actuary advising insurers an insurer; or
 1014         2. An employee As to the counseling and advising of a labor
 1015  union, association, employer, or other business entity labor
 1016  unions, associations, trustees, employers, or other business
 1017  entities, or the subsidiaries and affiliates of each, who
 1018  counsels and advises such entity or entities relative to their
 1019  interests and those of their members or employees under
 1020  insurance benefit plans; or
 1021         3. A trustee advising a settlor, a beneficiary, or a person
 1022  regarding his or her interests in a trust, relative to insurance
 1023  benefit plans; or
 1024         (c) In this state, from this state, or with a resident of
 1025  this state, offer or attempt to negotiate on behalf of another
 1026  person a viatical settlement contract as defined in s. 626.9911.
 1027         Section 29. Section 626.8305, Florida Statutes, is amended
 1028  to read:
 1029         626.8305 Prohibition against the unlicensed transaction of
 1030  health insurance.—Except as provided in s. 626.112(6), with
 1031  respect to any line of authority specified in s. 626.015(8) s.
 1032  626.015(6), an no individual may not shall, unless licensed as a
 1033  health agent:
 1034         (1) Solicit insurance or procure applications; or
 1035         (2) In this state, engage or hold himself or herself out as
 1036  engaging in the business of analyzing or abstracting insurance
 1037  policies or of counseling or advising or giving opinions to
 1038  persons relative to insurance contracts, unless the individual
 1039  is other than:
 1040         (a) As A consulting actuary advising insurers; or
 1041         (b) An employee As to the counseling and advising of a
 1042  labor union, association, employer, or other business entity
 1043  labor unions, associations, trustees, employers, or other
 1044  business entities, or the subsidiaries and affiliates of each,
 1045  who counsels and advises such entity or entities relative to
 1046  their interests and those of their members or employees under
 1047  insurance benefit plans; or.
 1048         (c) A trustee advising a settlor, a beneficiary, or a
 1049  person regarding his or her interests in a trust, relative to
 1050  insurance benefit plans.
 1051         Section 30. Subsection (1) of section 626.861, Florida
 1052  Statutes, is amended to read:
 1053         626.861 Insurer’s officers, insurer’s employees, reciprocal
 1054  insurer’s representatives; adjustments by.—
 1055         (1) This part may not Nothing in this part shall be
 1056  construed to prevent an executive officer of any insurer, or a
 1057  regularly salaried employee of an insurer handling claims with
 1058  respect to health insurance, a regular employee of an insurer
 1059  handling claims with respect to residential property when the
 1060  sublimit coverage does not exceed $500, or the duly designated
 1061  attorney or agent authorized and acting for subscribers to
 1062  reciprocal insurers, from adjusting any claim loss or damage
 1063  under any insurance contract of such insurer.
 1064         Section 31. Paragraph (c) of subsection (5) and subsection
 1065  (6) of section 626.9543, Florida Statutes, are amended to read:
 1066         626.9543 Holocaust victims.—
 1067         (5) PROOF OF A CLAIM.—Any insurer doing business in this
 1068  state, in receipt of a claim from a Holocaust victim or from a
 1069  beneficiary, descendant, or heir of a Holocaust victim, shall:
 1070         (c) Permit claims irrespective of any statute of
 1071  limitations or notice requirements imposed by any insurance
 1072  policy issued, provided the claim is submitted on or before July
 1073  1, 2018.
 1074         (6) STATUTE OF LIMITATIONS.—Notwithstanding any law or
 1075  agreement among the parties to an insurance policy to the
 1076  contrary, any action brought by Holocaust victims or by a
 1077  beneficiary, heir, or a descendant of a Holocaust victim seeking
 1078  proceeds of an insurance policy issued or in effect between 1920
 1079  and 1945, inclusive, may shall not be dismissed for failure to
 1080  comply with the applicable statute of limitations or laches
 1081  provided the action is commenced on or before July 1, 2018.
 1082         Section 32. Section 633.516, Florida Statutes, is amended
 1083  to read:
 1084         633.516 Studies of Division to make study of firefighter
 1085  employee occupational diseases of firefighters or persons in
 1086  other fire-related fields.—The division may contract for
 1087  studies, subject to the availability of funding, of shall make a
 1088  continuous study of firefighter employee occupational diseases
 1089  of firefighters or persons in other fire-related fields and the
 1090  ways and means for the their control and prevention of such
 1091  occupational diseases. When such a study or another study that
 1092  is wholly or partly funded under an agreement, including a
 1093  contract or grant, with the department tracks a disease of an
 1094  individual firefighter or a person in another fire-related
 1095  field, the division may, with associated security measures,
 1096  release the confidential information, including a social
 1097  security number, of that individual to a party who has entered
 1098  into an agreement with the department and shall adopt rules
 1099  necessary for such control and prevention. For this purpose, the
 1100  division is authorized to cooperate with firefighter employers,
 1101  firefighter employees, and insurers and with the Department of
 1102  Health.
 1103         Section 33. Paragraph (a) of subsection (6) and subsection
 1104  (7) of section 768.28, Florida Statutes, are amended to read:
 1105         768.28 Waiver of sovereign immunity in tort actions;
 1106  recovery limits; limitation on attorney fees; statute of
 1107  limitations; exclusions; indemnification; risk management
 1108  programs.—
 1109         (6)(a) An action may not be instituted on a claim against
 1110  the state or one of its agencies or subdivisions unless the
 1111  claimant presents the claim in writing to the appropriate
 1112  agency, and also, except as to any claim against a municipality,
 1113  county, or the Florida Space Authority, presents such claim in
 1114  writing to the Department of Financial Services, within 3 years
 1115  after such claim accrues and the Department of Financial
 1116  Services or the appropriate agency denies the claim in writing;
 1117  except that, if:
 1118         1. Such claim is for contribution pursuant to s. 768.31, it
 1119  must be so presented within 6 months after the judgment against
 1120  the tortfeasor seeking contribution has become final by lapse of
 1121  time for appeal or after appellate review or, if there is no
 1122  such judgment, within 6 months after the tortfeasor seeking
 1123  contribution has either discharged the common liability by
 1124  payment or agreed, while the action is pending against her or
 1125  him, to discharge the common liability; or
 1126         2. Such action is for wrongful death, the claimant must
 1127  present the claim in writing to the Department of Financial
 1128  Services within 2 years after the claim accrues.
 1129         (7) In actions brought pursuant to this section, process
 1130  shall be served upon the head of the agency concerned and also,
 1131  except as to a defendant municipality, county, or the Florida
 1132  Space Authority, upon the Department of Financial Services; and
 1133  the department or the agency concerned shall have 30 days within
 1134  which to plead thereto.
 1135         Section 34. Subsections (3) and (4) and paragraph (e) of
 1136  subsection (5) of section 288.706, Florida Statutes, are amended
 1137  to read:
 1138         288.706 Florida Minority Business Loan Mobilization
 1139  Program.—
 1140         (3) Notwithstanding ss. 215.422(15) and 216.181(16) ss.
 1141  215.422(14) and 216.181(16), and pursuant to s. 216.351, under
 1142  the Florida Minority Business Loan Mobilization Program, a state
 1143  agency may disburse up to 10 percent of the base contract award
 1144  amount to assist a minority business enterprise vendor that is
 1145  awarded a state agency contract for goods or services in
 1146  obtaining working capital financing as provided in subsection
 1147  (5).
 1148         (4) Notwithstanding ss. 215.422(15) and 216.181(16) ss.
 1149  215.422(14) and 216.181(16), and pursuant to s. 216.351, in lieu
 1150  of applying for participation in the Florida Minority Business
 1151  Loan Mobilization Program, a minority business enterprise vendor
 1152  awarded a state agency contract for the performance of
 1153  professional services may apply with that contracting state
 1154  agency for up to 5 percent of the base contract award amount.
 1155  The contracting state agency may award such advance in order to
 1156  facilitate the performance of that contract.
 1157         (5) The following Florida Minority Business Loan
 1158  Mobilization Program procedures apply to minority business
 1159  enterprise vendors for contracts awarded by a state agency for
 1160  construction or professional services or for the provision of
 1161  goods or services:
 1162         (e) The following procedures shall apply when the minority
 1163  business enterprise is the prime contract vendor to the
 1164  contracting state agency:
 1165         1. Pursuant to s. 216.351, ss. 215.422(15) and 216.181(16)
 1166  the provisions of ss. 215.422(14) and 216.181(16) do not apply
 1167  to this paragraph.
 1168         2. For construction contracts, the designated loan
 1169  mobilization payment shall be disbursed when:
 1170         a. The minority business enterprise prime contract vendor
 1171  requests disbursement in the first application for payment.
 1172         b. The contracting state agency has issued a notice to
 1173  proceed and has approved the first application for payment.
 1174         3. For contracts other than construction contracts, the
 1175  designated loan mobilization payment shall be disbursed when:
 1176         a. The minority business enterprise prime contract vendor
 1177  requests disbursement by letter delivered to the contracting
 1178  state agency after the execution of the contract but prior to
 1179  the commencement of work.
 1180         b. The contracting state agency has approved the minority
 1181  business enterprise prime contract vendor’s letter of request.
 1182         4. The designated loan mobilization payment may be paid by
 1183  the contracting state agency prior to the commencement of work.
 1184  In order to ensure that the contract time provisions do not
 1185  commence until the minority business enterprise prime contract
 1186  vendor has adequate working capital, the contract documents may
 1187  provide that the contract shall commence at such time as the
 1188  contracting state agency releases the designated loan
 1189  mobilization payment to the minority business enterprise prime
 1190  contract vendor and participating financial institution pursuant
 1191  to the working capital agreement.
 1192         Section 35. Section 626.7315, Florida Statutes, is amended
 1193  to read:
 1194         626.7315 Prohibition against the unlicensed transaction of
 1195  general lines insurance.—With respect to any line of authority
 1196  as defined in s. 626.015(7) s. 626.015(5), no individual shall,
 1197  unless licensed as a general lines agent:
 1198         (1) Solicit insurance or procure applications therefor;
 1199         (2) In this state, receive or issue a receipt for any money
 1200  on account of or for any insurer, or receive or issue a receipt
 1201  for money from other persons to be transmitted to any insurer
 1202  for a policy, contract, or certificate of insurance or any
 1203  renewal thereof, even though the policy, certificate, or
 1204  contract is not signed by him or her as agent or representative
 1205  of the insurer, except as provided in s. 626.0428(1);
 1206         (3) Directly or indirectly represent himself or herself to
 1207  be an agent of any insurer or as an agent, to collect or forward
 1208  any insurance premium, or to solicit, negotiate, effect,
 1209  procure, receive, deliver, or forward, directly or indirectly,
 1210  any insurance contract or renewal thereof or any endorsement
 1211  relating to an insurance contract, or attempt to effect the
 1212  same, of property or insurable business activities or interests,
 1213  located in this state;
 1214         (4) In this state, engage or hold himself or herself out as
 1215  engaging in the business of analyzing or abstracting insurance
 1216  policies or of counseling or advising or giving opinions, other
 1217  than as a licensed attorney at law, relative to insurance or
 1218  insurance contracts, for fee, commission, or other compensation,
 1219  other than as a salaried bona fide full-time employee so
 1220  counseling and advising his or her employer relative to the
 1221  insurance interests of the employer and of the subsidiaries or
 1222  business affiliates of the employer;
 1223         (5) In any way, directly or indirectly, make or cause to be
 1224  made, or attempt to make or cause to be made, any contract of
 1225  insurance for or on account of any insurer;
 1226         (6) Solicit, negotiate, or in any way, directly or
 1227  indirectly, effect insurance contracts, if a member of a
 1228  partnership or association, or a stockholder, officer, or agent
 1229  of a corporation which holds an agency appointment from any
 1230  insurer; or
 1231         (7) Receive or transmit applications for suretyship, or
 1232  receive for delivery bonds founded on applications forwarded
 1233  from this state, or otherwise procure suretyship to be effected
 1234  by a surety insurer upon the bonds of persons in this state or
 1235  upon bonds given to persons in this state.
 1236         Section 36. Paragraph (c) of subsection (6) of section
 1237  627.351, Florida Statutes, is amended to read:
 1238         627.351 Insurance risk apportionment plans.—
 1239         (6) CITIZENS PROPERTY INSURANCE CORPORATION.—
 1240         (c) The corporation’s plan of operation:
 1241         1. Must provide for adoption of residential property and
 1242  casualty insurance policy forms and commercial residential and
 1243  nonresidential property insurance forms, which must be approved
 1244  by the office before use. The corporation shall adopt the
 1245  following policy forms:
 1246         a. Standard personal lines policy forms that are
 1247  comprehensive multiperil policies providing full coverage of a
 1248  residential property equivalent to the coverage provided in the
 1249  private insurance market under an HO-3, HO-4, or HO-6 policy.
 1250         b. Basic personal lines policy forms that are policies
 1251  similar to an HO-8 policy or a dwelling fire policy that provide
 1252  coverage meeting the requirements of the secondary mortgage
 1253  market, but which is more limited than the coverage under a
 1254  standard policy.
 1255         c. Commercial lines residential and nonresidential policy
 1256  forms that are generally similar to the basic perils of full
 1257  coverage obtainable for commercial residential structures and
 1258  commercial nonresidential structures in the admitted voluntary
 1259  market.
 1260         d. Personal lines and commercial lines residential property
 1261  insurance forms that cover the peril of wind only. The forms are
 1262  applicable only to residential properties located in areas
 1263  eligible for coverage under the coastal account referred to in
 1264  sub-subparagraph (b)2.a.
 1265         e. Commercial lines nonresidential property insurance forms
 1266  that cover the peril of wind only. The forms are applicable only
 1267  to nonresidential properties located in areas eligible for
 1268  coverage under the coastal account referred to in sub
 1269  subparagraph (b)2.a.
 1270         f. The corporation may adopt variations of the policy forms
 1271  listed in sub-subparagraphs a.-e. which contain more restrictive
 1272  coverage.
 1273         g. Effective January 1, 2013, the corporation shall offer a
 1274  basic personal lines policy similar to an HO-8 policy with
 1275  dwelling repair based on common construction materials and
 1276  methods.
 1277         2. Must provide that the corporation adopt a program in
 1278  which the corporation and authorized insurers enter into quota
 1279  share primary insurance agreements for hurricane coverage, as
 1280  defined in s. 627.4025(2)(a), for eligible risks, and adopt
 1281  property insurance forms for eligible risks which cover the
 1282  peril of wind only.
 1283         a. As used in this subsection, the term:
 1284         (I) “Quota share primary insurance” means an arrangement in
 1285  which the primary hurricane coverage of an eligible risk is
 1286  provided in specified percentages by the corporation and an
 1287  authorized insurer. The corporation and authorized insurer are
 1288  each solely responsible for a specified percentage of hurricane
 1289  coverage of an eligible risk as set forth in a quota share
 1290  primary insurance agreement between the corporation and an
 1291  authorized insurer and the insurance contract. The
 1292  responsibility of the corporation or authorized insurer to pay
 1293  its specified percentage of hurricane losses of an eligible
 1294  risk, as set forth in the agreement, may not be altered by the
 1295  inability of the other party to pay its specified percentage of
 1296  losses. Eligible risks that are provided hurricane coverage
 1297  through a quota share primary insurance arrangement must be
 1298  provided policy forms that set forth the obligations of the
 1299  corporation and authorized insurer under the arrangement,
 1300  clearly specify the percentages of quota share primary insurance
 1301  provided by the corporation and authorized insurer, and
 1302  conspicuously and clearly state that the authorized insurer and
 1303  the corporation may not be held responsible beyond their
 1304  specified percentage of coverage of hurricane losses.
 1305         (II) “Eligible risks” means personal lines residential and
 1306  commercial lines residential risks that meet the underwriting
 1307  criteria of the corporation and are located in areas that were
 1308  eligible for coverage by the Florida Windstorm Underwriting
 1309  Association on January 1, 2002.
 1310         b. The corporation may enter into quota share primary
 1311  insurance agreements with authorized insurers at corporation
 1312  coverage levels of 90 percent and 50 percent.
 1313         c. If the corporation determines that additional coverage
 1314  levels are necessary to maximize participation in quota share
 1315  primary insurance agreements by authorized insurers, the
 1316  corporation may establish additional coverage levels. However,
 1317  the corporation’s quota share primary insurance coverage level
 1318  may not exceed 90 percent.
 1319         d. Any quota share primary insurance agreement entered into
 1320  between an authorized insurer and the corporation must provide
 1321  for a uniform specified percentage of coverage of hurricane
 1322  losses, by county or territory as set forth by the corporation
 1323  board, for all eligible risks of the authorized insurer covered
 1324  under the agreement.
 1325         e. Any quota share primary insurance agreement entered into
 1326  between an authorized insurer and the corporation is subject to
 1327  review and approval by the office. However, such agreement shall
 1328  be authorized only as to insurance contracts entered into
 1329  between an authorized insurer and an insured who is already
 1330  insured by the corporation for wind coverage.
 1331         f. For all eligible risks covered under quota share primary
 1332  insurance agreements, the exposure and coverage levels for both
 1333  the corporation and authorized insurers shall be reported by the
 1334  corporation to the Florida Hurricane Catastrophe Fund. For all
 1335  policies of eligible risks covered under such agreements, the
 1336  corporation and the authorized insurer must maintain complete
 1337  and accurate records for the purpose of exposure and loss
 1338  reimbursement audits as required by fund rules. The corporation
 1339  and the authorized insurer shall each maintain duplicate copies
 1340  of policy declaration pages and supporting claims documents.
 1341         g. The corporation board shall establish in its plan of
 1342  operation standards for quota share agreements which ensure that
 1343  there is no discriminatory application among insurers as to the
 1344  terms of the agreements, pricing of the agreements, incentive
 1345  provisions if any, and consideration paid for servicing policies
 1346  or adjusting claims.
 1347         h. The quota share primary insurance agreement between the
 1348  corporation and an authorized insurer must set forth the
 1349  specific terms under which coverage is provided, including, but
 1350  not limited to, the sale and servicing of policies issued under
 1351  the agreement by the insurance agent of the authorized insurer
 1352  producing the business, the reporting of information concerning
 1353  eligible risks, the payment of premium to the corporation, and
 1354  arrangements for the adjustment and payment of hurricane claims
 1355  incurred on eligible risks by the claims adjuster and personnel
 1356  of the authorized insurer. Entering into a quota sharing
 1357  insurance agreement between the corporation and an authorized
 1358  insurer is voluntary and at the discretion of the authorized
 1359  insurer.
 1360         3. May provide that the corporation may employ or otherwise
 1361  contract with individuals or other entities to provide
 1362  administrative or professional services that may be appropriate
 1363  to effectuate the plan. The corporation may borrow funds by
 1364  issuing bonds or by incurring other indebtedness, and shall have
 1365  other powers reasonably necessary to effectuate the requirements
 1366  of this subsection, including, without limitation, the power to
 1367  issue bonds and incur other indebtedness in order to refinance
 1368  outstanding bonds or other indebtedness. The corporation may
 1369  seek judicial validation of its bonds or other indebtedness
 1370  under chapter 75. The corporation may issue bonds or incur other
 1371  indebtedness, or have bonds issued on its behalf by a unit of
 1372  local government pursuant to subparagraph (q)2. in the absence
 1373  of a hurricane or other weather-related event, upon a
 1374  determination by the corporation, subject to approval by the
 1375  office, that such action would enable it to efficiently meet the
 1376  financial obligations of the corporation and that such
 1377  financings are reasonably necessary to effectuate the
 1378  requirements of this subsection. The corporation may take all
 1379  actions needed to facilitate tax-free status for such bonds or
 1380  indebtedness, including formation of trusts or other affiliated
 1381  entities. The corporation may pledge assessments, projected
 1382  recoveries from the Florida Hurricane Catastrophe Fund, other
 1383  reinsurance recoverables, policyholder surcharges and other
 1384  surcharges, and other funds available to the corporation as
 1385  security for bonds or other indebtedness. In recognition of s.
 1386  10, Art. I of the State Constitution, prohibiting the impairment
 1387  of obligations of contracts, it is the intent of the Legislature
 1388  that no action be taken whose purpose is to impair any bond
 1389  indenture or financing agreement or any revenue source committed
 1390  by contract to such bond or other indebtedness.
 1391         4. Must require that the corporation operate subject to the
 1392  supervision and approval of a board of governors consisting of
 1393  nine individuals who are residents of this state and who are
 1394  from different geographical areas of the state, one of whom is
 1395  appointed by the Governor and serves solely to advocate on
 1396  behalf of the consumer. The appointment of a consumer
 1397  representative by the Governor is deemed to be within the scope
 1398  of the exemption provided in s. 112.313(7)(b) and is in addition
 1399  to the appointments authorized under sub-subparagraph a.
 1400         a. The Governor, the Chief Financial Officer, the President
 1401  of the Senate, and the Speaker of the House of Representatives
 1402  shall each appoint two members of the board. At least one of the
 1403  two members appointed by each appointing officer must have
 1404  demonstrated expertise in insurance and be deemed to be within
 1405  the scope of the exemption provided in s. 112.313(7)(b). The
 1406  Chief Financial Officer shall designate one of the appointees as
 1407  chair. All board members serve at the pleasure of the appointing
 1408  officer. All members of the board are subject to removal at will
 1409  by the officers who appointed them. All board members, including
 1410  the chair, must be appointed to serve for 3-year terms beginning
 1411  annually on a date designated by the plan. However, for the
 1412  first term beginning on or after July 1, 2009, each appointing
 1413  officer shall appoint one member of the board for a 2-year term
 1414  and one member for a 3-year term. A board vacancy shall be
 1415  filled for the unexpired term by the appointing officer. The
 1416  Chief Financial Officer shall appoint a technical advisory group
 1417  to provide information and advice to the board in connection
 1418  with the board’s duties under this subsection. The executive
 1419  director and senior managers of the corporation shall be engaged
 1420  by the board and serve at the pleasure of the board. Any
 1421  executive director appointed on or after July 1, 2006, is
 1422  subject to confirmation by the Senate. The executive director is
 1423  responsible for employing other staff as the corporation may
 1424  require, subject to review and concurrence by the board.
 1425         b. The board shall create a Market Accountability Advisory
 1426  Committee to assist the corporation in developing awareness of
 1427  its rates and its customer and agent service levels in
 1428  relationship to the voluntary market insurers writing similar
 1429  coverage.
 1430         (I) The members of the advisory committee consist of the
 1431  following 11 persons, one of whom must be elected chair by the
 1432  members of the committee: four representatives, one appointed by
 1433  the Florida Association of Insurance Agents, one by the Florida
 1434  Association of Insurance and Financial Advisors, one by the
 1435  Professional Insurance Agents of Florida, and one by the Latin
 1436  American Association of Insurance Agencies; three
 1437  representatives appointed by the insurers with the three highest
 1438  voluntary market share of residential property insurance
 1439  business in the state; one representative from the Office of
 1440  Insurance Regulation; one consumer appointed by the board who is
 1441  insured by the corporation at the time of appointment to the
 1442  committee; one representative appointed by the Florida
 1443  Association of Realtors; and one representative appointed by the
 1444  Florida Bankers Association. All members shall be appointed to
 1445  3-year terms and may serve for consecutive terms.
 1446         (II) The committee shall report to the corporation at each
 1447  board meeting on insurance market issues which may include rates
 1448  and rate competition with the voluntary market; service,
 1449  including policy issuance, claims processing, and general
 1450  responsiveness to policyholders, applicants, and agents; and
 1451  matters relating to depopulation.
 1452         5. Must provide a procedure for determining the eligibility
 1453  of a risk for coverage, as follows:
 1454         a. Subject to s. 627.3517, with respect to personal lines
 1455  residential risks, if the risk is offered coverage from an
 1456  authorized insurer at the insurer’s approved rate under a
 1457  standard policy including wind coverage or, if consistent with
 1458  the insurer’s underwriting rules as filed with the office, a
 1459  basic policy including wind coverage, for a new application to
 1460  the corporation for coverage, the risk is not eligible for any
 1461  policy issued by the corporation unless the premium for coverage
 1462  from the authorized insurer is more than 15 percent greater than
 1463  the premium for comparable coverage from the corporation.
 1464  Whenever an offer of coverage for a personal lines residential
 1465  risk is received for a policyholder of the corporation at
 1466  renewal from an authorized insurer, if the offer is equal to or
 1467  less than the corporation’s renewal premium for comparable
 1468  coverage, the risk is not eligible for coverage with the
 1469  corporation. If the risk is not able to obtain such offer, the
 1470  risk is eligible for a standard policy including wind coverage
 1471  or a basic policy including wind coverage issued by the
 1472  corporation; however, if the risk could not be insured under a
 1473  standard policy including wind coverage regardless of market
 1474  conditions, the risk is eligible for a basic policy including
 1475  wind coverage unless rejected under subparagraph 8. However, a
 1476  policyholder removed from the corporation through an assumption
 1477  agreement remains eligible for coverage from the corporation
 1478  until the end of the assumption period. The corporation shall
 1479  determine the type of policy to be provided on the basis of
 1480  objective standards specified in the underwriting manual and
 1481  based on generally accepted underwriting practices.
 1482         (I) If the risk accepts an offer of coverage through the
 1483  market assistance plan or through a mechanism established by the
 1484  corporation other than a plan established by s. 627.3518, before
 1485  a policy is issued to the risk by the corporation or during the
 1486  first 30 days of coverage by the corporation, and the producing
 1487  agent who submitted the application to the plan or to the
 1488  corporation is not currently appointed by the insurer, the
 1489  insurer shall:
 1490         (A) Pay to the producing agent of record of the policy for
 1491  the first year, an amount that is the greater of the insurer’s
 1492  usual and customary commission for the type of policy written or
 1493  a fee equal to the usual and customary commission of the
 1494  corporation; or
 1495         (B) Offer to allow the producing agent of record of the
 1496  policy to continue servicing the policy for at least 1 year and
 1497  offer to pay the agent the greater of the insurer’s or the
 1498  corporation’s usual and customary commission for the type of
 1499  policy written.
 1500  
 1501  If the producing agent is unwilling or unable to accept
 1502  appointment, the new insurer shall pay the agent in accordance
 1503  with sub-sub-sub-subparagraph (A).
 1504         (II) If the corporation enters into a contractual agreement
 1505  for a take-out plan, the producing agent of record of the
 1506  corporation policy is entitled to retain any unearned commission
 1507  on the policy, and the insurer shall:
 1508         (A) Pay to the producing agent of record, for the first
 1509  year, an amount that is the greater of the insurer’s usual and
 1510  customary commission for the type of policy written or a fee
 1511  equal to the usual and customary commission of the corporation;
 1512  or
 1513         (B) Offer to allow the producing agent of record to
 1514  continue servicing the policy for at least 1 year and offer to
 1515  pay the agent the greater of the insurer’s or the corporation’s
 1516  usual and customary commission for the type of policy written.
 1517  
 1518  If the producing agent is unwilling or unable to accept
 1519  appointment, the new insurer shall pay the agent in accordance
 1520  with sub-sub-sub-subparagraph (A).
 1521         b. With respect to commercial lines residential risks, for
 1522  a new application to the corporation for coverage, if the risk
 1523  is offered coverage under a policy including wind coverage from
 1524  an authorized insurer at its approved rate, the risk is not
 1525  eligible for a policy issued by the corporation unless the
 1526  premium for coverage from the authorized insurer is more than 15
 1527  percent greater than the premium for comparable coverage from
 1528  the corporation. Whenever an offer of coverage for a commercial
 1529  lines residential risk is received for a policyholder of the
 1530  corporation at renewal from an authorized insurer, if the offer
 1531  is equal to or less than the corporation’s renewal premium for
 1532  comparable coverage, the risk is not eligible for coverage with
 1533  the corporation. If the risk is not able to obtain any such
 1534  offer, the risk is eligible for a policy including wind coverage
 1535  issued by the corporation. However, a policyholder removed from
 1536  the corporation through an assumption agreement remains eligible
 1537  for coverage from the corporation until the end of the
 1538  assumption period.
 1539         (I) If the risk accepts an offer of coverage through the
 1540  market assistance plan or through a mechanism established by the
 1541  corporation other than a plan established by s. 627.3518, before
 1542  a policy is issued to the risk by the corporation or during the
 1543  first 30 days of coverage by the corporation, and the producing
 1544  agent who submitted the application to the plan or the
 1545  corporation is not currently appointed by the insurer, the
 1546  insurer shall:
 1547         (A) Pay to the producing agent of record of the policy, for
 1548  the first year, an amount that is the greater of the insurer’s
 1549  usual and customary commission for the type of policy written or
 1550  a fee equal to the usual and customary commission of the
 1551  corporation; or
 1552         (B) Offer to allow the producing agent of record of the
 1553  policy to continue servicing the policy for at least 1 year and
 1554  offer to pay the agent the greater of the insurer’s or the
 1555  corporation’s usual and customary commission for the type of
 1556  policy written.
 1557  
 1558  If the producing agent is unwilling or unable to accept
 1559  appointment, the new insurer shall pay the agent in accordance
 1560  with sub-sub-sub-subparagraph (A).
 1561         (II) If the corporation enters into a contractual agreement
 1562  for a take-out plan, the producing agent of record of the
 1563  corporation policy is entitled to retain any unearned commission
 1564  on the policy, and the insurer shall:
 1565         (A) Pay to the producing agent of record, for the first
 1566  year, an amount that is the greater of the insurer’s usual and
 1567  customary commission for the type of policy written or a fee
 1568  equal to the usual and customary commission of the corporation;
 1569  or
 1570         (B) Offer to allow the producing agent of record to
 1571  continue servicing the policy for at least 1 year and offer to
 1572  pay the agent the greater of the insurer’s or the corporation’s
 1573  usual and customary commission for the type of policy written.
 1574  
 1575  If the producing agent is unwilling or unable to accept
 1576  appointment, the new insurer shall pay the agent in accordance
 1577  with sub-sub-sub-subparagraph (A).
 1578         c. For purposes of determining comparable coverage under
 1579  sub-subparagraphs a. and b., the comparison must be based on
 1580  those forms and coverages that are reasonably comparable. The
 1581  corporation may rely on a determination of comparable coverage
 1582  and premium made by the producing agent who submits the
 1583  application to the corporation, made in the agent’s capacity as
 1584  the corporation’s agent. A comparison may be made solely of the
 1585  premium with respect to the main building or structure only on
 1586  the following basis: the same coverage A or other building
 1587  limits; the same percentage hurricane deductible that applies on
 1588  an annual basis or that applies to each hurricane for commercial
 1589  residential property; the same percentage of ordinance and law
 1590  coverage, if the same limit is offered by both the corporation
 1591  and the authorized insurer; the same mitigation credits, to the
 1592  extent the same types of credits are offered both by the
 1593  corporation and the authorized insurer; the same method for loss
 1594  payment, such as replacement cost or actual cash value, if the
 1595  same method is offered both by the corporation and the
 1596  authorized insurer in accordance with underwriting rules; and
 1597  any other form or coverage that is reasonably comparable as
 1598  determined by the board. If an application is submitted to the
 1599  corporation for wind-only coverage in the coastal account, the
 1600  premium for the corporation’s wind-only policy plus the premium
 1601  for the ex-wind policy that is offered by an authorized insurer
 1602  to the applicant must be compared to the premium for multiperil
 1603  coverage offered by an authorized insurer, subject to the
 1604  standards for comparison specified in this subparagraph. If the
 1605  corporation or the applicant requests from the authorized
 1606  insurer a breakdown of the premium of the offer by types of
 1607  coverage so that a comparison may be made by the corporation or
 1608  its agent and the authorized insurer refuses or is unable to
 1609  provide such information, the corporation may treat the offer as
 1610  not being an offer of coverage from an authorized insurer at the
 1611  insurer’s approved rate.
 1612         6. Must include rules for classifications of risks and
 1613  rates.
 1614         7. Must provide that if premium and investment income for
 1615  an account attributable to a particular calendar year are in
 1616  excess of projected losses and expenses for the account
 1617  attributable to that year, such excess shall be held in surplus
 1618  in the account. Such surplus must be available to defray
 1619  deficits in that account as to future years and used for that
 1620  purpose before assessing assessable insurers and assessable
 1621  insureds as to any calendar year.
 1622         8. Must provide objective criteria and procedures to be
 1623  uniformly applied to all applicants in determining whether an
 1624  individual risk is so hazardous as to be uninsurable. In making
 1625  this determination and in establishing the criteria and
 1626  procedures, the following must be considered:
 1627         a. Whether the likelihood of a loss for the individual risk
 1628  is substantially higher than for other risks of the same class;
 1629  and
 1630         b. Whether the uncertainty associated with the individual
 1631  risk is such that an appropriate premium cannot be determined.
 1632  
 1633  The acceptance or rejection of a risk by the corporation shall
 1634  be construed as the private placement of insurance, and the
 1635  provisions of chapter 120 do not apply.
 1636         9. Must provide that the corporation make its best efforts
 1637  to procure catastrophe reinsurance at reasonable rates, to cover
 1638  its projected 100-year probable maximum loss as determined by
 1639  the board of governors.
 1640         10. The policies issued by the corporation must provide
 1641  that if the corporation or the market assistance plan obtains an
 1642  offer from an authorized insurer to cover the risk at its
 1643  approved rates, the risk is no longer eligible for renewal
 1644  through the corporation, except as otherwise provided in this
 1645  subsection.
 1646         11. Corporation policies and applications must include a
 1647  notice that the corporation policy could, under this section, be
 1648  replaced with a policy issued by an authorized insurer which
 1649  does not provide coverage identical to the coverage provided by
 1650  the corporation. The notice must also specify that acceptance of
 1651  corporation coverage creates a conclusive presumption that the
 1652  applicant or policyholder is aware of this potential.
 1653         12. May establish, subject to approval by the office,
 1654  different eligibility requirements and operational procedures
 1655  for any line or type of coverage for any specified county or
 1656  area if the board determines that such changes are justified due
 1657  to the voluntary market being sufficiently stable and
 1658  competitive in such area or for such line or type of coverage
 1659  and that consumers who, in good faith, are unable to obtain
 1660  insurance through the voluntary market through ordinary methods
 1661  continue to have access to coverage from the corporation. If
 1662  coverage is sought in connection with a real property transfer,
 1663  the requirements and procedures may not provide an effective
 1664  date of coverage later than the date of the closing of the
 1665  transfer as established by the transferor, the transferee, and,
 1666  if applicable, the lender.
 1667         13. Must provide that, with respect to the coastal account,
 1668  any assessable insurer with a surplus as to policyholders of $25
 1669  million or less writing 25 percent or more of its total
 1670  countrywide property insurance premiums in this state may
 1671  petition the office, within the first 90 days of each calendar
 1672  year, to qualify as a limited apportionment company. A regular
 1673  assessment levied by the corporation on a limited apportionment
 1674  company for a deficit incurred by the corporation for the
 1675  coastal account may be paid to the corporation on a monthly
 1676  basis as the assessments are collected by the limited
 1677  apportionment company from its insureds, but a limited
 1678  apportionment company must begin collecting the regular
 1679  assessments not later than 90 days after the regular assessments
 1680  are levied by the corporation, and the regular assessments must
 1681  be paid in full within 15 months after being levied by the
 1682  corporation. A limited apportionment company shall collect from
 1683  its policyholders any emergency assessment imposed under sub
 1684  subparagraph (b)3.d. The plan must provide that, if the office
 1685  determines that any regular assessment will result in an
 1686  impairment of the surplus of a limited apportionment company,
 1687  the office may direct that all or part of such assessment be
 1688  deferred as provided in subparagraph (q)4. However, an emergency
 1689  assessment to be collected from policyholders under sub
 1690  subparagraph (b)3.d. may not be limited or deferred.
 1691         14. Must provide that the corporation appoint as its
 1692  licensed agents only those agents who throughout such
 1693  appointments also hold an appointment as defined in s. 626.015
 1694  s. 626.015(3) by an insurer who is authorized to write and is
 1695  actually writing or renewing personal lines residential property
 1696  coverage, commercial residential property coverage, or
 1697  commercial nonresidential property coverage within the state.
 1698         15. Must provide a premium payment plan option to its
 1699  policyholders which, at a minimum, allows for quarterly and
 1700  semiannual payment of premiums. A monthly payment plan may, but
 1701  is not required to, be offered.
 1702         16. Must limit coverage on mobile homes or manufactured
 1703  homes built before 1994 to actual cash value of the dwelling
 1704  rather than replacement costs of the dwelling.
 1705         17. Must provide coverage for manufactured or mobile home
 1706  dwellings. Such coverage must also include the following
 1707  attached structures:
 1708         a. Screened enclosures that are aluminum framed or screened
 1709  enclosures that are not covered by the same or substantially the
 1710  same materials as those of the primary dwelling;
 1711         b. Carports that are aluminum or carports that are not
 1712  covered by the same or substantially the same materials as those
 1713  of the primary dwelling; and
 1714         c. Patios that have a roof covering that is constructed of
 1715  materials that are not the same or substantially the same
 1716  materials as those of the primary dwelling.
 1717  
 1718  The corporation shall make available a policy for mobile homes
 1719  or manufactured homes for a minimum insured value of at least
 1720  $3,000.
 1721         18. May provide such limits of coverage as the board
 1722  determines, consistent with the requirements of this subsection.
 1723         19. May require commercial property to meet specified
 1724  hurricane mitigation construction features as a condition of
 1725  eligibility for coverage.
 1726         20. Must provide that new or renewal policies issued by the
 1727  corporation on or after January 1, 2012, which cover sinkhole
 1728  loss do not include coverage for any loss to appurtenant
 1729  structures, driveways, sidewalks, decks, or patios that are
 1730  directly or indirectly caused by sinkhole activity. The
 1731  corporation shall exclude such coverage using a notice of
 1732  coverage change, which may be included with the policy renewal,
 1733  and not by issuance of a notice of nonrenewal of the excluded
 1734  coverage upon renewal of the current policy.
 1735         21. As of January 1, 2012, must require that the agent
 1736  obtain from an applicant for coverage from the corporation an
 1737  acknowledgment signed by the applicant, which includes, at a
 1738  minimum, the following statement:
 1739  
 1740                ACKNOWLEDGMENT OF POTENTIAL SURCHARGE              
 1741                      AND ASSESSMENT LIABILITY:                    
 1742  
 1743         1. AS A POLICYHOLDER OF CITIZENS PROPERTY INSURANCE
 1744  CORPORATION, I UNDERSTAND THAT IF THE CORPORATION SUSTAINS A
 1745  DEFICIT AS A RESULT OF HURRICANE LOSSES OR FOR ANY OTHER REASON,
 1746  MY POLICY COULD BE SUBJECT TO SURCHARGES, WHICH WILL BE DUE AND
 1747  PAYABLE UPON RENEWAL, CANCELLATION, OR TERMINATION OF THE
 1748  POLICY, AND THAT THE SURCHARGES COULD BE AS HIGH AS 45 PERCENT
 1749  OF MY PREMIUM, OR A DIFFERENT AMOUNT AS IMPOSED BY THE FLORIDA
 1750  LEGISLATURE.
 1751         2. I UNDERSTAND THAT I CAN AVOID THE CITIZENS POLICYHOLDER
 1752  SURCHARGE, WHICH COULD BE AS HIGH AS 45 PERCENT OF MY PREMIUM,
 1753  BY OBTAINING COVERAGE FROM A PRIVATE MARKET INSURER AND THAT TO
 1754  BE ELIGIBLE FOR COVERAGE BY CITIZENS, I MUST FIRST TRY TO OBTAIN
 1755  PRIVATE MARKET COVERAGE BEFORE APPLYING FOR OR RENEWING COVERAGE
 1756  WITH CITIZENS. I UNDERSTAND THAT PRIVATE MARKET INSURANCE RATES
 1757  ARE REGULATED AND APPROVED BY THE STATE.
 1758         3. I UNDERSTAND THAT I MAY BE SUBJECT TO EMERGENCY
 1759  ASSESSMENTS TO THE SAME EXTENT AS POLICYHOLDERS OF OTHER
 1760  INSURANCE COMPANIES, OR A DIFFERENT AMOUNT AS IMPOSED BY THE
 1761  FLORIDA LEGISLATURE.
 1762         4. I ALSO UNDERSTAND THAT CITIZENS PROPERTY INSURANCE
 1763  CORPORATION IS NOT SUPPORTED BY THE FULL FAITH AND CREDIT OF THE
 1764  STATE OF FLORIDA.
 1765  
 1766         a. The corporation shall maintain, in electronic format or
 1767  otherwise, a copy of the applicant’s signed acknowledgment and
 1768  provide a copy of the statement to the policyholder as part of
 1769  the first renewal after the effective date of this subparagraph.
 1770         b. The signed acknowledgment form creates a conclusive
 1771  presumption that the policyholder understood and accepted his or
 1772  her potential surcharge and assessment liability as a
 1773  policyholder of the corporation.
 1774         Section 37. This act shall take effect July 1, 2017.
 1775  
 1776  ================= T I T L E  A M E N D M E N T ================
 1777  And the title is amended as follows:
 1778         Delete everything before the enacting clause
 1779  and insert:
 1780                        A bill to be entitled                      
 1781         An act relating to the Department of Financial
 1782         Services; amending s. 17.575, F.S.; replacing, within
 1783         the Division of Treasury, the Treasury Investment
 1784         Committee with the Treasury Investment Council;
 1785         specifying the composition and term length of members;
 1786         specifying duties of the council; providing that
 1787         members shall serve without additional compensation or
 1788         honorarium but may receive per diem and travel expense
 1789         reimbursement; amending s. 215.422, F.S.; providing
 1790         applicability of certain requirements relating to
 1791         payments, warrants, and invoices to payments made in
 1792         relation to certain agreements funded with federal or
 1793         state assistance; reordering and amending s. 554.1021,
 1794         F.S.; defining and redefining terms; requiring the
 1795         Department of Financial Services to adopt rules;
 1796         authorizing the inspection of certain boilers by
 1797         authorized inspection agencies; amending s. 554.103,
 1798         F.S.; requiring, rather than authorizing, the
 1799         department to adopt amendments and interpretations of
 1800         a specified code into the State Boiler Code; revising
 1801         requirements that installers, rather than owners, must
 1802         comply with before installing a boiler that is placed
 1803         in use after a specified date; authorizing the
 1804         department to adopt rules; conforming provisions to
 1805         changes made by the act; amending s. 554.104, F.S.;
 1806         deleting a provision relating to boilers of special
 1807         design which is recreated in s. 554.103, F.S.;
 1808         requiring certification of boiler inspectors;
 1809         requiring an application for a certification
 1810         examination; specifying qualifications and
 1811         requirements for the certification examination;
 1812         requiring the department to adopt a specified training
 1813         course; providing authorized methods and requirements
 1814         for the training course; requiring the chief boiler
 1815         inspector to issue a certificate of competency to a
 1816         person meeting certain requirements; providing
 1817         procedures for renewing a certificate; authorizing the
 1818         department to adopt rules; amending s. 554.105, F.S.;
 1819         renaming the chief inspector as the chief boiler
 1820         inspector; revising requirements for the department
 1821         through the state boiler inspection program; amending
 1822         s. 554.106, F.S.; renaming deputy inspectors as deputy
 1823         boiler inspectors; specifying required and authorized
 1824         duties of deputy boiler inspectors; amending s.
 1825         554.107, F.S.; renaming special inspectors as special
 1826         boiler inspectors; revising entities that may employ
 1827         special boiler inspectors; specifying required
 1828         inspection intervals for special boiler inspectors;
 1829         amending s. 554.108, F.S.; providing an exemption,
 1830         under certain conditions, from inspection
 1831         requirements; specifying duties of an owner or an
 1832         owner’s designee to allow an inspector to conduct
 1833         inspections; specifying requirements for boiler
 1834         inspections and inspection reports; revising
 1835         conditions that require a boiler to be shut down;
 1836         revising requirements and procedures for a boiler that
 1837         must be shut down; providing construction; authorizing
 1838         the department to adopt rules; creating s. 554.1081,
 1839         F.S.; revising requirements for boiler inspections by
 1840         insurance companies and local governmental agencies;
 1841         amending s. 554.109, F.S.; conforming provisions to
 1842         changes made by the act; revising the boilers that are
 1843         exempt from regulation under the chapter; revising
 1844         requirements for certain exempt boilers and water
 1845         heaters; amending s. 554.1101, F.S.; conforming
 1846         provisions to changes made by the act; requiring a
 1847         boiler insurance company to notify, within a specified
 1848         timeframe, the chief boiler inspector under certain
 1849         circumstances; requiring a certificateholder to submit
 1850         a certain certificate of insurance to the chief boiler
 1851         inspector under certain circumstances; amending s.
 1852         554.111, F.S.; requiring an application for a boiler
 1853         permit to include a specified fee; requiring the chief
 1854         boiler inspector to deposit fines into a specified
 1855         trust fund; conforming provisions to changes made by
 1856         the act; repealing ss. 554.112 and 554.113, F.S.,
 1857         relating to examinations, and certification of
 1858         inspectors and renewals, respectively; amending s.
 1859         554.114, F.S.; revising prohibited acts; providing
 1860         penalties for a boiler insurance company or authorized
 1861         inspection agency that fails to conduct certain
 1862         inspections; providing an exception; conforming
 1863         provisions to changes made by the act; amending s.
 1864         554.115, F.S.; adding authorized disciplinary actions
 1865         for the department; adding specified grounds for
 1866         disciplinary action against an owner of a boiler;
 1867         revising grounds for disciplinary action against a
 1868         boiler inspector; deleting a provision requiring a
 1869         chief inspector to report certain persons to the state
 1870         attorney; deleting a provision authorizing certain
 1871         administrative action by the chief inspector; deleting
 1872         a provision relating to the duration of a suspended
 1873         certificate of compliance; creating s. 554.1151, F.S.;
 1874         authorizing the department to impose specified
 1875         administrative fines in lieu of or in addition to
 1876         certain disciplinary actions; authorizing procedures
 1877         for payment of fines by a certificateholder; requiring
 1878         a certificate to be revoked under certain
 1879         circumstances; amending s. 624.307, F.S.; authorizing
 1880         the department to expend funds for professional
 1881         development of its employees; amending s. 626.015,
 1882         F.S.; defining terms; conforming a cross-reference;
 1883         amending s. 626.207, F.S.; defining the term
 1884         “applicant”; revising a list of felonies subject to a
 1885         permanent bar from licensure; revising a condition for
 1886         when certain disqualifying periods begin; conforming
 1887         cross-references; providing an exception from a
 1888         permanent bar on or disqualifying periods for cases of
 1889         executive clemency; providing construction; amending
 1890         s. 626.221, F.S.; providing an exception from an
 1891         examination requirement for an all-lines adjuster
 1892         license applicant with a specified designation;
 1893         amending s. 626.2815, F.S.; specifying the education
 1894         hours that may be completed to meet continuing
 1895         education requirements for such a designation;
 1896         amending s. 626.8734, F.S.; providing an exception
 1897         from an examination requirement for nonresident all
 1898         lines adjuster license applicants who hold certain
 1899         certifications; amending s. 626.9954, F.S.; revising a
 1900         list of felonies subject to a permanent bar from
 1901         licensure; revising conditions for when certain
 1902         disqualifying periods begin; conforming cross
 1903         references; providing an exception from a permanent
 1904         bar on or disqualifying periods for cases of executive
 1905         clemency; providing construction; amending s.
 1906         626.2815, F.S.; authorizing the department to approve
 1907         a certain number of elective continuing education
 1908         credits for certain insurance licensees; providing an
 1909         exception from a certain continuing education
 1910         requirement for such licensees; amending s. 626.611,
 1911         F.S.; deleting a condition for the involvement of
 1912         moral turpitude in felonies or certain crimes in
 1913         relation to compulsory disciplinary actions by the
 1914         department against certain entities’ licenses or
 1915         appointments; conforming a cross-reference; amending
 1916         s. 626.621, F.S.; revising grounds for the
 1917         department’s discretionary refusal, suspension, or
 1918         revocation of the license or appointment of certain
 1919         persons; amending s. 626.7845, F.S.; revising an
 1920         exception to the prohibition against the unlicensed
 1921         transaction of life insurance; conforming a cross
 1922         reference; amending s. 626.8305, F.S.; revising an
 1923         exception to the prohibition against the unlicensed
 1924         transaction of health insurance; conforming a cross
 1925         reference; amending s. 626.861, F.S.; authorizing
 1926         certain insurer employees to adjust specified claim
 1927         losses or damage; amending s. 626.9543, F.S.; removing
 1928         the scheduled expiration of a requirement for insurers
 1929         to permit claims from a Holocaust victim or certain
 1930         related persons irrespective of certain conditions;
 1931         removing the scheduled expiration of an exception from
 1932         statutes of limitations or laches for certain actions
 1933         brought by Holocaust victims or certain related
 1934         persons; amending s. 633.516, F.S.; authorizing the
 1935         Division of State Fire Marshal within the division to
 1936         contract for studies of, rather than to make a
 1937         continuous study of, occupational diseases of
 1938         firefighters; adding persons in other fire-related
 1939         fields to such studies; authorizing the division to
 1940         release confidential information of an individual
 1941         firefighter or a person in another fire-related field
 1942         to certain parties under certain circumstances;
 1943         amending s. 768.28, F.S.; providing exceptions in tort
 1944         claims against a county from requirements that a
 1945         claimant present the written claim to the department
 1946         within a specified timeframe and serve process upon
 1947         the department; amending ss. 288.706, 626.7315, and
 1948         627.351, F.S.; conforming cross-references; providing
 1949         an effective date.