Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. PCS (863198) for CS for SB 1404
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  03/03/2020           .                                
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       The Committee on Appropriations (Perry) recommended the
       following:
       
    1         Senate Substitute for Amendment (489504) (with title
    2  amendment)
    3  
    4         Delete everything after the enacting clause
    5  and insert:
    6         Section 1. Paragraph (f) of subsection (2) of section
    7  20.121, Florida Statutes, is amended to read:
    8         20.121 Department of Financial Services.—There is created a
    9  Department of Financial Services.
   10         (2) DIVISIONS.—The Department of Financial Services shall
   11  consist of the following divisions and office:
   12         (f) The Division of Public Assistance Fraud, which shall
   13  function as a criminal justice agency for purposes of ss.
   14  943.045-943.08. The division shall conduct investigations
   15  pursuant to s. 414.411 within or outside of this state as it
   16  deems necessary. If, during an investigation, the division has
   17  reason to believe that any criminal law of this state has or may
   18  have been violated, it shall refer any records tending to show
   19  such violation to state or federal law enforcement or
   20  prosecutorial agencies and shall provide investigative
   21  assistance to those agencies as required.
   22         Section 2. Section 284.30, Florida Statutes, is amended to
   23  read:
   24         284.30 State Risk Management Trust Fund; coverages to be
   25  provided.—A state self-insurance fund, designated as the “State
   26  Risk Management Trust Fund,” is created to be set up by the
   27  Department of Financial Services and administered with a program
   28  of risk management, which fund is to provide insurance, as
   29  authorized by s. 284.33, for workers’ compensation, general
   30  liability, fleet automotive liability, federal civil rights
   31  actions under 42 U.S.C. s. 1983 or similar federal statutes,
   32  benefits payable under s. 112.1816(2), and court-awarded
   33  attorney attorney’s fees in other proceedings against the state
   34  except for such awards in eminent domain or for inverse
   35  condemnation or for awards by the Public Employees Relations
   36  Commission. A party to a suit in any court, to be entitled to
   37  have his or her attorney attorney’s fees paid by the state or
   38  any of its agencies, must serve a copy of the pleading claiming
   39  the fees on the Department of Financial Services; and thereafter
   40  the department shall be entitled to participate with the agency
   41  in the defense of the suit and any appeal thereof with respect
   42  to such fees.
   43         Section 3. Section 284.31, Florida Statutes, is amended to
   44  read:
   45         284.31 Scope and types of coverages; separate accounts.—The
   46  Insurance Risk Management Trust Fund shall, unless specifically
   47  excluded by the Department of Financial Services, cover all
   48  departments of the State of Florida and their employees, agents,
   49  and volunteers and shall provide separate accounts for workers’
   50  compensation, general liability, fleet automotive liability,
   51  federal civil rights actions under 42 U.S.C. s. 1983 or similar
   52  federal statutes, benefits payable under s. 112.1816(2), and
   53  court-awarded attorney attorney’s fees in other proceedings
   54  against the state except for such awards in eminent domain or
   55  for inverse condemnation or for awards by the Public Employees
   56  Relations Commission. Unless specifically excluded by the
   57  Department of Financial Services, the Insurance Risk Management
   58  Trust Fund shall provide fleet automotive liability coverage to
   59  motor vehicles titled to the state, or to any department of the
   60  state, when such motor vehicles are used by community
   61  transportation coordinators performing, under contract to the
   62  appropriate department of the state, services for the
   63  transportation disadvantaged under part I of chapter 427. Such
   64  fleet automotive liability coverage shall be primary and shall
   65  be subject to the provisions of s. 768.28 and parts II and III
   66  of chapter 284, and applicable rules adopted thereunder, and the
   67  terms and conditions of the certificate of coverage issued by
   68  the Department of Financial Services.
   69         Section 4. Section 284.385, Florida Statutes, is amended to
   70  read:
   71         284.385 Reporting and handling of claims.—
   72         (1) All departments covered by the State Risk Management
   73  Trust Fund under this part shall immediately report all known or
   74  potential claims to the Department of Financial Services for
   75  handling, except employment complaints which have not been filed
   76  with the Florida Human Relations Commission, Equal Employment
   77  Opportunity Commission, or any similar agency. When deemed
   78  necessary, the Department of Financial Services shall assign or
   79  reassign the claim to counsel. The assigned counsel shall report
   80  regularly to the Department of Financial Services or to the
   81  covered department on the status of any such claims or
   82  litigation as required by the Department of Financial Services.
   83  No such claim shall be compromised or settled for monetary
   84  compensation without the prior approval of the Department of
   85  Financial Services and prior notification to the covered
   86  department. All departments shall cooperate with the Department
   87  of Financial Services in its handling of claims. The Department
   88  of Financial Services and the Department of Management Services,
   89  with the cooperation of the state attorneys and the clerks of
   90  the courts, shall develop a system to coordinate the exchange of
   91  information concerning claims for and against the state, its
   92  agencies, and its subdivisions, to assist in collection of
   93  amounts due to them. The covered department shall have the
   94  responsibility for the settlement of any claim for injunctive or
   95  affirmative relief under 42 U.S.C. s. 1983 or similar federal or
   96  state statutes. The payment of a settlement or judgment for any
   97  claim covered and reported under this part shall be made only
   98  from the State Risk Management Trust Fund.
   99         (2)Benefits provided under s. 112.1816(2) may not be paid
  100  from the fund until each request for any out-of-pocket
  101  deductible, copayment, or coinsurance costs and one-time cash
  102  payout has been validated and approved by the Department of
  103  Management Services.
  104         Section 5. Section 284.45, Florida Statutes, is created to
  105  read:
  106         284.45 Sexual harassment victims.—
  107         (1)An individual working for an entity covered by the
  108  State Risk Management Trust Fund may not engage in retaliatory
  109  conduct of any kind against a sexual harassment victim. As used
  110  in this section, the term “sexual harassment victim” means an
  111  individual employed, or being considered for employment, with an
  112  entity participating in the State Risk Management Trust Fund,
  113  who becomes a victim of workplace sexual harassment through the
  114  course of employment, or while being considered for employment,
  115  with the entity.
  116         (2)The willful and knowing dissemination of personal
  117  identifying information of a sexual harassment victim to any
  118  party other than a governmental entity in furtherance of its
  119  official duties or pursuant to a court order is a misdemeanor of
  120  the first degree, punishable as provided in s. 775.082. For
  121  purposes of this subsection, personal identifying information
  122  includes the name of the sexual harassment victim and his or
  123  her:
  124         (a)Home address;
  125         (b)Home phone number;
  126         (c)Cellular phone number;
  127         (d)E-mail address;
  128         (e)Social media account username or uniform resource
  129  locator (URL); or
  130         (f)Any other information that could reasonably be used to
  131  identify an alleged sexual harassment victim.
  132         Section 6. Subsections (1), (2), (3), (6), and (8) of
  133  section 497.101, Florida Statutes, are amended to read:
  134         497.101 Board of Funeral, Cemetery, and Consumer Services;
  135  membership; appointment; terms.—
  136         (1) The Board of Funeral, Cemetery, and Consumer Services
  137  is created within the Department of Financial Services and shall
  138  consist of 10 members, 9 of whom shall be appointed by the
  139  Governor from nominations made by the Chief Financial Officer
  140  and confirmed by the Senate. The Chief Financial Officer shall
  141  nominate one to three persons for each of the nine vacancies on
  142  the board, and the Governor shall fill each vacancy on the board
  143  by appointing one of the three persons nominated by the Chief
  144  Financial Officer to fill that vacancy. If the Governor objects
  145  to each of the three nominations for a vacancy, she or he shall
  146  inform the Chief Financial Officer in writing. Upon notification
  147  of an objection by the Governor, the Chief Financial Officer
  148  shall submit one to three additional nominations for that
  149  vacancy until the vacancy is filled. One member must be the
  150  State Health Officer or her or his designee.
  151         (2) Two members of the board shall be funeral directors
  152  licensed under part III of this chapter who are associated with
  153  a funeral establishment. One member of the board shall be a
  154  funeral director licensed under part III of this chapter who is
  155  associated with a funeral establishment licensed under part III
  156  of this chapter that has a valid preneed license issued pursuant
  157  to this chapter and who owns or operates a cinerator facility
  158  approved under chapter 403 and licensed under part VI of this
  159  chapter. Two members of the board shall be persons whose primary
  160  occupation is associated with a cemetery company licensed
  161  pursuant to this chapter. Two Three members of the board shall
  162  be consumers who are residents of the state, have never been
  163  licensed as funeral directors or embalmers, are not connected
  164  with a cemetery or cemetery company licensed pursuant to this
  165  chapter, and are not connected with the death care industry or
  166  the practice of embalming, funeral directing, or direct
  167  disposition. One of the two consumer members shall be at least
  168  60 years of age, and one shall be licensed as a certified public
  169  accountant under chapter 473. One member of the board shall be a
  170  consumer who is a resident of this state; is licensed as a
  171  certified public accountant under chapter 473; has never been
  172  licensed as a funeral director or embalmer; is not a principal
  173  or employee of any licensee licensed under this chapter; and
  174  does not otherwise have control, as defined in s. 497.005, over
  175  any licensee licensed under this chapter. One member of the
  176  board shall be a principal of a monument establishment licensed
  177  under this chapter as a monument builder. One member shall be
  178  the State Health Officer or her or his designee. There shall not
  179  be two or more board members who are principals or employees of
  180  the same company or partnership or group of companies or
  181  partnerships under common control.
  182         (3) Board members shall be appointed for terms of 4 years,
  183  and the State Health Officer shall serve as long as that person
  184  holds that office. The designee of the State Health Officer
  185  shall serve at the pleasure of the Governor. When the terms of
  186  the initial board members expire, the Chief Financial Officer
  187  shall stagger the terms of the successor members as follows: one
  188  funeral director, one cemetery representative, the monument
  189  builder, and one consumer member shall be appointed for terms of
  190  2 years, and the remaining members shall be appointed for terms
  191  of 4 years. All subsequent terms shall be for 4 years.
  192         (6) The headquarters and records of the board shall be in
  193  the Division of Funeral, Cemetery, and Consumer Services of the
  194  Department of Financial Services in the City of Tallahassee. The
  195  board may be contacted through the Division of Funeral,
  196  Cemetery, and Consumer Services of the Department of Financial
  197  Services in the City of Tallahassee. The Chief Financial Officer
  198  shall annually appoint from among the board members a chair and
  199  vice chair of the board. The board shall meet at least every 6
  200  months, and more often as necessary. Special meetings of the
  201  board shall be convened upon the direction of the Chief
  202  Financial Officer. A quorum is necessary for the conduct of
  203  business by the board. Unless otherwise provided by law, a
  204  majority of the board members eligible to vote shall constitute
  205  a quorum for the purpose of conducting its business six board
  206  members shall constitute a quorum for the conduct of the board’s
  207  business.
  208         (8)The department shall adopt rules establishing forms by
  209  which persons may apply for membership on the board and
  210  procedures for applying for such membership. Such forms shall
  211  require disclosure of the existence and nature of all current
  212  and past employments by or contracts with, and direct or
  213  indirect affiliations or interests in, any entity or business
  214  that at any time was licensed by the board or by the former
  215  Board of Funeral and Cemetery Services or the former Board of
  216  Funeral Directors and Embalmers or that is or was otherwise
  217  involved in the death care industry, as specified by department
  218  rule.
  219         Section 7. Section 497.1411, Florida Statutes, is created
  220  to read:
  221         497.1411Disqualification of applicants and licensees;
  222  penalties against licensees; rulemaking.—
  223         (1)For purposes of this section, the term:
  224         (a)“Applicant” means an individual applying for licensure
  225  or relicensure under this chapter, and an officer, a director, a
  226  majority owner, a partner, a manager, or other person who
  227  manages or controls an entity applying for licensure or
  228  relicensure under this chapter.
  229         (b)“Felony of the first degree” and “capital felony”
  230  include all felonies designated as such in this state at the
  231  time of the commission of the offense, as well as any offense in
  232  another jurisdiction that is substantially similar to an offense
  233  so designated in this state.
  234         (c)“Financial services business” means any financial
  235  activity regulated by the department, the Office of Insurance
  236  Regulation, or the Office of Financial Regulation.
  237         (2)An applicant who has been found guilty of or has
  238  pleaded guilty or nolo contendere to any of the following
  239  crimes, regardless of adjudication, is permanently barred from
  240  licensure under this chapter:
  241         (a)A felony of the first degree.
  242         (b)A capital felony.
  243         (c)A felony money laundering offense.
  244         (d)A felony embezzlement.
  245         (3)An applicant who has been found guilty of or has
  246  pleaded guilty or nolo contendere to a crime not included in
  247  subsection (2), regardless of adjudication, is subject to:
  248         (a)A 10-year disqualifying period for all felonies
  249  involving moral turpitude that are not specifically included in
  250  the permanent bar contained in subsection (2).
  251         (b)A 5-year disqualifying period for all felonies to which
  252  neither the permanent bar in subsection (2) nor the 10-year
  253  disqualifying period in paragraph (a) applies.
  254         (c)A 5-year disqualifying period for all misdemeanors
  255  directly related to the financial services business.
  256         (4)The board shall adopt rules to administer this section.
  257  The rules must provide for additional disqualifying periods due
  258  to the commitment of multiple crimes and may include other
  259  factors reasonably related to the applicant’s criminal history.
  260  The rules shall provide for mitigating and aggravating factors.
  261  However, mitigation may not result in a period of
  262  disqualification of less than 5 years and may not mitigate the
  263  disqualifying periods in paragraphs (3)(b) and (c).
  264         (5)For purposes of this section, a disqualifying period
  265  begins upon the applicant’s final release from supervision or
  266  upon completion of the applicant’s criminal sentence. The
  267  department may not issue a license to an applicant unless all
  268  related fines, court costs and fees, and court-ordered
  269  restitution have been paid.
  270         (6)After the disqualifying period has expired, the burden
  271  is on the applicant to demonstrate that he or she has been
  272  rehabilitated, does not pose a risk to the public, is fit and
  273  trustworthy to engage in business regulated by this chapter, and
  274  is otherwise qualified for licensure.
  275         (7)Notwithstanding subsections (2) and (3), an applicant
  276  who has been found guilty of, or has pleaded guilty or nolo
  277  contendere to, a crime in subsection (2) or subsection (3) and
  278  who has subsequently been granted a pardon or the restoration of
  279  civil rights pursuant to chapter 940 and s. 8, Art. IV of the
  280  State Constitution, or a pardon or the restoration of civil
  281  rights under the laws of another jurisdiction with respect to a
  282  conviction in that jurisdiction, is not barred or disqualified
  283  from licensure under this chapter. However, such a pardon or
  284  restoration of civil rights does not require the department to
  285  award such license.
  286         (8)(a)The board may grant an exemption from
  287  disqualification to any person disqualified from licensure under
  288  subsection (3) if:
  289         1.The applicant has paid in full any fee, fine, fund,
  290  lien, civil judgment, restitution, or cost of prosecution
  291  imposed by the court as part of the judgment and sentence for
  292  any disqualifying offense; and
  293         2.At least 5 years have elapsed since the applicant
  294  completed or has been lawfully released from confinement,
  295  supervision, or nonmonetary condition imposed by the court for a
  296  disqualifying offense.
  297         (b)For the board to grant an exemption under this
  298  subsection, the applicant must clearly and convincingly
  299  demonstrate that he or she would not pose a risk to persons or
  300  property if licensed under this chapter, evidence of which must
  301  include, but need not be limited to, facts and circumstances
  302  surrounding the disqualifying offense, the time that has elapsed
  303  since the offense, the nature of the offense and harm caused to
  304  the victim, the applicant’s history before and after the
  305  offense, and any other evidence or circumstances indicating that
  306  the applicant will not present a danger if licensed or
  307  certified.
  308         (c)The board has discretion whether to grant or deny an
  309  exemption under this subsection. The board’s decision is subject
  310  to chapter 120.
  311         (9)The disqualification periods provided in this section
  312  do not apply to the renewal of a license or to a new application
  313  for licensure if the applicant has an active license as of July
  314  1, 2020, and the applicable criminal history was considered by
  315  the board on the prior approval of any active license held by
  316  the applicant. This subsection does not affect any criminal
  317  history disclosure requirement of this chapter.
  318         Section 8. Subsection (9) and paragraph (c) of subsection
  319  (10) of section 497.142, Florida Statutes, are amended to read:
  320         497.142 Licensing; fingerprinting and criminal background
  321  checks.—
  322         (9) If any applicant under this chapter has been, within
  323  the 10 years preceding the application under this chapter,
  324  convicted or found guilty of, or entered a plea of nolo
  325  contendere to, regardless of adjudication, any crime in any
  326  jurisdiction, the application shall not be deemed complete until
  327  such time as the applicant provides such certified true copies
  328  of the court records evidencing the conviction, finding, or plea
  329  as required by this section or, as the licensing authority may
  330  by rule require.
  331         (10)(c) Crimes to be disclosed are:
  332         1. Any felony or misdemeanor, no matter when committed,
  333  that was directly or indirectly related to or involving any
  334  aspect of the practice or business of funeral directing,
  335  embalming, direct disposition, cremation, funeral or cemetery
  336  preneed sales, funeral establishment operations, cemetery
  337  operations, or cemetery monument or marker sales or
  338  installation.
  339         2. Any misdemeanor, no matter when committed, which was
  340  directly or indirectly related to the financial services
  341  business as defined in s. 497.1411 Any other felony not already
  342  disclosed under subparagraph 1. that was committed within the 20
  343  years immediately preceding the application under this chapter.
  344         3. Any other misdemeanor not already disclosed under
  345  subparagraph 2. subparagraph 1. that was committed within the 5
  346  years immediately preceding the application under this chapter.
  347         Section 9. Present subsections (2) through (5) of section
  348  497.157, Florida Statutes, are redesignated as subsections (4)
  349  through (7), respectively, new subsections (2) and (3) and
  350  subsection (8) are added to that section, and present subsection
  351  (3) of that section is amended, to read:
  352         497.157 Unlicensed practice; remedies concerning violations
  353  by unlicensed persons.—
  354         (2)A person may not be, act as, or advertise or hold
  355  himself or herself out to be a funeral director, embalmer, or
  356  direct disposer unless he or she is currently licensed by the
  357  department.
  358         (3)A person may not be, act as, or advertise or hold
  359  himself or herself out to be a preneed sales agent unless he or
  360  she is currently licensed by the department and appointed by a
  361  preneed main licensee for which they are executing preneed
  362  contracts.
  363         (5)(3) Where the department determines that an emergency
  364  exists regarding any violation of this chapter by any unlicensed
  365  person or entity, the department may issue and serve an
  366  immediate final order upon such unlicensed person or entity, in
  367  accordance with s. 120.569(2)(n). Such an immediate final order
  368  may impose such prohibitions and requirements as are reasonably
  369  necessary to protect the public health, safety, and welfare, and
  370  shall be effective when served.
  371         (a) For the purpose of enforcing such an immediate final
  372  order, the department may file an emergency or other proceeding
  373  in the circuit courts of the state seeking enforcement of the
  374  immediate final order by injunctive or other order of the court.
  375  The court shall issue its injunction or other order enforcing
  376  the immediate final order pending administrative resolution of
  377  the matter under subsection (4) (2), unless the court determines
  378  that such action would work a manifest injustice under the
  379  circumstances. Venue for judicial actions under this paragraph
  380  shall be, at the election of the department, in the courts of
  381  Leon County, or in a county where the respondent resides or has
  382  a place of business.
  383         (b) After serving an immediate final order to cease and
  384  desist upon any person or entity, the department shall within 10
  385  days issue and serve upon the same person or entity an
  386  administrative complaint as set forth in subsection (4) (2),
  387  except that, absent order of a court to the contrary, the
  388  immediate final order shall be effective throughout the pendency
  389  of proceedings under subsection (4) (2).
  390         (8)Any person who is not licensed under this chapter and
  391  who engages in activity requiring licensure under this chapter
  392  commits a felony of the third degree, punishable as provided in
  393  s. 775.082, s. 775.083, or s. 775.084.
  394         Section 10. Subsection (6) of section 497.159, Florida
  395  Statutes, is amended to read:
  396         497.159 Crimes.—
  397         (6) Any person who is not licensed under this chapter who
  398  engages in activity requiring licensure under this chapter,
  399  commits a misdemeanor of the second degree, punishable as
  400  provided in s. 775.082 or s. 775.083.
  401         Section 11. Subsection (13) of section 552.081, Florida
  402  Statutes, is amended to read:
  403         552.081 Definitions.—As used in this chapter:
  404         (13) “Two-component explosives” means any two inert
  405  components which, when mixed, become capable of detonation by
  406  any detonator a No. 6 blasting cap, and shall be classified as a
  407  Class “A” explosive when so mixed.
  408         Section 12. Present subsection (2) of section 553.7921,
  409  Florida Statutes, is redesignated as subsection (3), a new
  410  subsection (2) is added to that section, and subsection (1) of
  411  that section is amended, to read:
  412         553.7921 Fire alarm permit application to local enforcement
  413  agency.—
  414         (1) A contractor must file a Uniform Fire Alarm Permit
  415  Application as provided in subsection (3) (2) with the local
  416  enforcement agency and must receive the fire alarm permit
  417  before:
  418         (a) installing or replacing a fire alarm, if the local
  419  enforcement agency requires a plan review for the installation
  420  or replacement; or
  421         (b) Repairing an existing alarm system that was previously
  422  permitted by the local enforcement agency if the local
  423  enforcement agency requires a fire alarm permit for the repair.
  424         (2) If the local enforcement agency requires a fire alarm
  425  permit to repair an existing alarm system that was previously
  426  permitted by the local enforcement agency, a contractor may
  427  begin work after filing a Uniform Fire Alarm Permit Application
  428  as provided in subsection (3). A fire alarm repaired pursuant to
  429  this subsection may not be considered compliant until the
  430  required permit is issued and the local enforcement agency
  431  approves the repair.
  432         Section 13. Effective January 1, 2021, subsection (3) of
  433  section 626.2815, Florida Statutes, is amended to read:
  434         626.2815 Continuing education requirements.—
  435         (3) Each licensee except a title insurance agent must
  436  complete a 4-hour 5-hour update course every 2 years which is
  437  specific to the license held by the licensee. The course must be
  438  developed and offered by providers and approved by the
  439  department. The content of the course must address all lines of
  440  insurance for which examination and licensure are required and
  441  include the following subject areas: insurance law updates,
  442  ethics for insurance professionals, disciplinary trends and case
  443  studies, industry trends, premium discounts, determining
  444  suitability of products and services, and other similar
  445  insurance-related topics the department determines are relevant
  446  to legally and ethically carrying out the responsibilities of
  447  the license granted. A licensee who holds multiple insurance
  448  licenses must complete an update course that is specific to at
  449  least one of the licenses held. Except as otherwise specified,
  450  any remaining required hours of continuing education are
  451  elective and may consist of any continuing education course
  452  approved by the department under this section.
  453         (a) Except as provided in paragraphs (b), (c), (d), (e),
  454  (i), and (j), each licensee must also complete 20 19 hours of
  455  elective continuing education courses every 2 years.
  456         (b) A licensee who has been licensed for 6 or more years
  457  must also complete a minimum of 16 15 hours of elective
  458  continuing education every 2 years.
  459         (c) A licensee who has been licensed for 25 years or more
  460  and is a CLU or a CPCU or has a Bachelor of Science degree in
  461  risk management or insurance with evidence of 18 or more
  462  semester hours in insurance-related courses must also complete a
  463  minimum of 6 5 hours of elective continuing education courses
  464  every 2 years.
  465         (d) An individual who holds a license as a customer
  466  representative and who is not a licensed life or health agent
  467  must also complete a minimum of 6 5 hours of continuing
  468  education courses every 2 years.
  469         (e) An individual subject to chapter 648 must complete the
  470  4-hour 5-hour update course and a minimum of 10 9 hours of
  471  elective continuing education courses every 2 years.
  472         (f) Elective continuing education courses for public
  473  adjusters must be specifically designed for public adjusters and
  474  approved by the department. Notwithstanding this subsection,
  475  public adjusters for workers’ compensation insurance or health
  476  insurance are not required to take continuing education courses
  477  pursuant to this section.
  478         (g) Excess hours accumulated during any 2-year compliance
  479  period may be carried forward to the next compliance period.
  480         (h) An individual teaching an approved course of
  481  instruction or lecturing at any approved seminar and attending
  482  the entire course or seminar qualifies for the same number of
  483  classroom hours as would be granted to a person taking and
  484  successfully completing such course or seminar. Credit is
  485  limited to the number of hours actually taught unless a person
  486  attends the entire course or seminar. An individual who is an
  487  official of or employed by a governmental entity in this state
  488  and serves as a professor, instructor, or in another position or
  489  office, the duties and responsibilities of which are determined
  490  by the department to require monitoring and review of insurance
  491  laws or insurance regulations and practices, is exempt from this
  492  section.
  493         (i) For compliance periods beginning on or after October 1,
  494  2014, any person who holds a license as a title insurance agent
  495  must complete a minimum of 10 hours of continuing education
  496  credit every 2 years in title insurance and escrow management
  497  specific to this state and approved by the department, which
  498  shall include at least 3 hours of continuing education on the
  499  subject matter of ethics, rules, or compliance with state and
  500  federal regulations relating specifically to title insurance and
  501  closing services.
  502         (j) For a licensee who is an active participant in an
  503  association, 2 hours of elective continuing education credit per
  504  calendar year may be approved by the department, if properly
  505  reported by the association.
  506         Section 14. Section 627.70132, Florida Statutes, is amended
  507  to read:
  508         627.70132 Notice of windstorm or hurricane claim.—A claim,
  509  supplemental claim, or reopened claim under an insurance policy
  510  that provides property insurance, as defined in s. 624.604, for
  511  loss or damage caused by the peril of windstorm or hurricane is
  512  barred unless notice of the claim, supplemental claim, or
  513  reopened claim was given to the insurer in accordance with the
  514  terms of the policy within 24 months 3 years after the hurricane
  515  first made landfall or the windstorm caused the covered damage.
  516  For purposes of this section, the term “supplemental claim” or
  517  “reopened claim” means any additional claim for recovery from
  518  the insurer for losses from the same hurricane or windstorm
  519  which the insurer has previously adjusted pursuant to the
  520  initial claim. This section does not affect any applicable
  521  limitation on civil actions provided in s. 95.11 for claims,
  522  supplemental claims, or reopened claims timely filed under this
  523  section.
  524         Section 15. Subsection (3) of section 633.102, Florida
  525  Statutes, is amended to read:
  526         633.102 Definitions.—As used in this chapter, the term:
  527         (3)(a) “Contractor I” means a contractor whose business
  528  includes the execution of contracts requiring the ability to lay
  529  out, fabricate, install, inspect, alter, repair, and service all
  530  types of fire protection systems, excluding preengineered
  531  systems.
  532         (b) “Contractor II” means a contractor whose business is
  533  limited to the execution of contracts requiring the ability to
  534  lay out, fabricate, install, inspect, alter, repair, and service
  535  water sprinkler systems, water spray systems, foam-water
  536  sprinkler systems, foam-water spray systems, standpipes,
  537  combination standpipes and sprinkler risers, all piping that is
  538  an integral part of the system beginning at the point of service
  539  as defined in this section, sprinkler tank heaters, air lines,
  540  thermal systems used in connection with sprinklers, and tanks
  541  and pumps connected thereto, excluding preengineered systems.
  542         (c) “Contractor III” means a contractor whose business is
  543  limited to the execution of contracts requiring the ability to
  544  fabricate, install, inspect, alter, repair, and service carbon
  545  dioxide systems, foam extinguishing systems, dry chemical
  546  systems, and Halon and other chemical systems, excluding
  547  preengineered systems.
  548         (d) “Contractor IV” means a contractor whose business is
  549  limited to the execution of contracts requiring the ability to
  550  lay out, fabricate, install, inspect, alter, repair, and service
  551  automatic fire sprinkler systems for detached one-family
  552  dwellings, detached two-family dwellings, and mobile homes,
  553  excluding preengineered systems and excluding single-family
  554  homes in cluster units, such as apartments, condominiums, and
  555  assisted living facilities or any building that is connected to
  556  other dwellings. A Contractor IV is limited to the scope of
  557  practice specified in NFPA 13D.
  558         (e) “Contractor V” means a contractor whose business is
  559  limited to the execution of contracts requiring the ability to
  560  fabricate, install, inspect, alter, repair, and service the
  561  underground piping for a fire protection system using water as
  562  the extinguishing agent beginning at the point of service as
  563  defined in this act and ending no more than 1 foot above the
  564  finished floor.
  565  
  566  The definitions in this subsection may not be construed to
  567  include engineers or architects and do not limit or prohibit a
  568  licensed fire protection engineer or architect with fire
  569  protection design experience from designing any type of fire
  570  protection system. A distinction is made between system design
  571  concepts prepared by the design professional and system layout
  572  as defined in this section and typically prepared by the
  573  contractor. However, a person certified as a Contractor I or,
  574  Contractor II, or Contractor IV under this chapter may design
  575  new fire protection systems of 49 or fewer sprinklers;, and may
  576  design the alteration of an existing fire sprinkler system if
  577  the alteration consists of the relocation, addition, or deletion
  578  of not more than 49 or fewer sprinklers, notwithstanding the
  579  size of the existing fire sprinkler system; or may design the
  580  alteration of an existing fire sprinkler system if the
  581  alteration consists of the relocation or deletion of 249 or
  582  fewer sprinklers, notwithstanding the size of the existing fire
  583  sprinkler system, if there is no change of occupancy, as defined
  584  in the Florida Building Code, of the affected areas and there is
  585  no change in the water demand as defined in National Fire
  586  Protection Association publication NFPA 13 “Standard for the
  587  Installation of Sprinkler Systems, and if the occupancy hazard
  588  classification as defined in NFPA 13 is reduced or remains the
  589  same as a result of the alteration. A person certified as a
  590  Contractor I, Contractor II, or Contractor IV may design or
  591  alter a fire protection system, the scope of which complies with
  592  NFPA 13D, Standard for the Installation of Sprinkler Systems in
  593  One- and Two-Family Dwellings and Manufactured Homes, as adopted
  594  by the State Fire Marshal, notwithstanding the number of fire
  595  sprinklers. Contractor-developed plans may not be required by
  596  any local permitting authority to be sealed by a registered
  597  professional engineer.
  598         Section 16. Section 633.136, Florida Statutes, is amended
  599  to read:
  600         633.136 Fire and Emergency Incident Information Reporting
  601  Program; duties; fire reports.—
  602         (1)(a) The Fire and Emergency Incident Information
  603  Reporting Program is created within the division. The program
  604  shall:
  605         1. Establish and maintain an electronic communication
  606  system capable of transmitting fire and emergency incident
  607  information to and between fire service providers protection
  608  agencies.
  609         2. Initiate a Fire and Emergency Incident Information
  610  Reporting System that shall be responsible for:
  611         a. Receiving fire and emergency incident information from
  612  fire service providers protection agencies.
  613         b. Preparing and disseminating annual reports to the
  614  Governor, the President of the Senate, the Speaker of the House
  615  of Representatives, fire service providers protection agencies,
  616  and, upon request, the public. Each report shall include, but
  617  not be limited to, the information listed in the National Fire
  618  Incident Reporting System.
  619         c. Upon request, providing other states and federal
  620  agencies with fire and emergency incident data of this state.
  621         3. Adopt rules to effectively and efficiently implement,
  622  administer, manage, maintain, and use the Fire and Emergency
  623  Incident Information Reporting Program. The rules shall be
  624  considered minimum requirements and shall not preclude a fire
  625  service provider protection agency from implementing its own
  626  requirements which may not conflict with the rules of the
  627  division.
  628         4. By rule, establish procedures and a format for each fire
  629  service provider protection agency to voluntarily monitor its
  630  records and submit reports to the program.
  631         5. Maintain Establish an electronic information database
  632  that is accessible and searchable by fire service providers
  633  protection agencies.
  634         (b) The division shall consult with the Florida Forest
  635  Service of the Department of Agriculture and Consumer Services
  636  and the State Surgeon General of the Department of Health to
  637  coordinate data, ensure accuracy of the data, and limit
  638  duplication of efforts in data collection, analysis, and
  639  reporting.
  640         (2) The Fire and Emergency Incident Information System
  641  Technical Advisory Panel is created within the division. The
  642  panel shall advise, review, and recommend to the State Fire
  643  Marshal with respect to the requirements of this section. The
  644  membership of the panel shall consist of the following 15
  645  members:
  646         (a) The current 13 members of the Firefighters Employment,
  647  Standards, and Training Council as established in s. 633.402.
  648         (b) One member from the Florida Forest Service of the
  649  Department of Agriculture and Consumer Services, appointed by
  650  the director of the Florida Forest Service.
  651         (c) One member from the Department of Health, appointed by
  652  the State Surgeon General.
  653         (3) As used in For the purpose of this section, the term
  654  “fire service provider” has the same meaning as in s. 633.102
  655  “fire protection agency” shall be defined by rule by the
  656  division.
  657         Section 17. Subsections (18) and (20) of section 633.202,
  658  Florida Statutes, are amended to read:
  659         633.202 Florida Fire Prevention Code.—
  660         (18) The authority having jurisdiction shall determine the
  661  minimum radio signal strength for fire department communications
  662  in all new high-rise and existing high-rise buildings. Existing
  663  buildings are not required to comply with minimum radio strength
  664  for fire department communications and two-way radio system
  665  enhancement communications as required by the Florida Fire
  666  Prevention Code until January 1, 2023 2022. However, by January
  667  1, 2022 December 31, 2019, an existing building that is not in
  668  compliance with the requirements for minimum radio strength for
  669  fire department communications must have completed a minimum
  670  radio strength assessment apply for an appropriate permit for
  671  the required installation with the local government agency
  672  having jurisdiction and must demonstrate that the building will
  673  become compliant by January 1, 2023 2022. Existing apartment
  674  buildings are not required to comply until January 1, 2025.
  675  However, existing apartment buildings are required to apply for
  676  the appropriate permit for the required communications
  677  installation by December 31, 2022.
  678         (20)(a) In apartment occupancies with enclosed corridors
  679  served by interior or exterior exit stairs, doorstep refuse and
  680  recycling collection containers, which stand upright on their
  681  own and do not leak liquids when standing upright, must be
  682  allowed in exit access corridors when all of the following
  683  conditions exist:
  684         1. The maximum doorstep refuse and recycling collection
  685  container size does not exceed 13 gallons.
  686         2. Waste, which is in a doorstep refuse and recycling
  687  collection container, is not placed in the exit access corridors
  688  for single periods exceeding 5 hours.
  689         3. Doorstep refuse and recycling collection containers do
  690  not occupy the exit access corridors for single periods
  691  exceeding 12 hours.
  692         4. Doorstep refuse and recycling collection containers do
  693  not reduce the means of egress width below that required under
  694  NFPA Life Safety Code 101:31, as adopted under the Florida Fire
  695  Prevention Code.
  696         5. Management staff have written policies and procedures in
  697  place and enforce them to ensure compliance with this paragraph,
  698  and, upon request, provide a copy of such policies and
  699  procedures to the authority having jurisdiction.
  700         (b) In apartment occupancies with open-air corridors or
  701  balconies served by exterior exit stairs, doorstep refuse and
  702  recycling collection containers, which stand upright on their
  703  own and do not leak liquids when standing upright, must be
  704  allowed in exit access corridors when all of the following
  705  conditions exist:
  706         1. The maximum doorstep refuse and recycling collection
  707  container size does not exceed 27 gallons.
  708         2. Waste, which is in a doorstep refuse and recycling
  709  collection container, is not placed in the exit access corridors
  710  for single periods exceeding 5 hours.
  711         3. Doorstep refuse and recycling collection containers do
  712  not reduce the means of egress width below that required under
  713  NFPA Life Safety Code 101:31, as adopted under the Florida Fire
  714  Prevention Code.
  715         4. Management staff have written policies and procedures in
  716  place and enforce them to ensure compliance with this paragraph,
  717  and, upon request, provide a copy of such policies and
  718  procedures to the authority having jurisdiction.
  719         (c) The authority having jurisdiction may approve
  720  alternative containers and storage arrangements that are
  721  demonstrated to provide an equivalent level of safety to that
  722  provided under paragraphs (a) and (b).
  723         (d) The authority having jurisdiction shall allow apartment
  724  occupancies a phase-in period until December 31, 2020, to comply
  725  with this subsection.
  726         (e) This subsection is repealed on January 1, 2024 July 1,
  727  2021.
  728         Section 18. Section 633.217, Florida Statutes, is created
  729  to read:
  730         633.217Influencing a firesafety inspector; prohibited
  731  acts.
  732         (1) A person may not influence a firesafety inspector by:
  733         (a) Threatening, coercing, tricking, or attempting to
  734  threaten, coerce, or trick the firesafety inspector into
  735  violating any provision of the Florida Fire Prevention Code, any
  736  rule adopted by the State Fire Marshal, or any provision of this
  737  chapter.
  738         (b) Offering any compensation to the firesafety inspector
  739  to induce a violation of the Florida Fire Prevention Code, any
  740  rule adopted by the State Fire Marshal, or any provision of this
  741  chapter.
  742         (2) A firesafety inspector may not knowingly and willfully
  743  accept an attempt by a person to influence the firesafety
  744  inspector into violating any provision of the Florida Fire
  745  Prevention Code, any rule adopted by the State Fire Marshal, or
  746  any provision of this chapter.
  747         Section 19. Paragraphs (d), (g), and (h) of subsection (4)
  748  of section 633.304, Florida Statutes, are amended to read:
  749         633.304 Fire suppression equipment; license to install or
  750  maintain.—
  751         (4)
  752         (d) A license of any class may not be issued or renewed by
  753  the division and a license of any class does not remain
  754  operative unless:
  755         1. The applicant has submitted to the State Fire Marshal
  756  evidence of registration as a Florida corporation or evidence of
  757  compliance with s. 865.09.
  758         2. The State Fire Marshal or his or her designee has by
  759  inspection determined that the applicant possesses the equipment
  760  required for the class of license sought. The State Fire Marshal
  761  shall give an applicant a reasonable opportunity to correct any
  762  deficiencies discovered by inspection. To obtain such
  763  inspection, an applicant with facilities located outside this
  764  state must:
  765         a. Provide a notarized statement from a professional
  766  engineer licensed by the applicant’s state of domicile
  767  certifying that the applicant possesses the equipment required
  768  for the class of license sought and that all such equipment is
  769  operable; or
  770         b. Allow the State Fire Marshal or her or his designee to
  771  inspect the facility. All costs associated with the State Fire
  772  Marshal’s inspection must be paid by the applicant. The State
  773  Fire Marshal, in accordance with s. 120.54, may adopt rules to
  774  establish standards for the calculation and establishment of the
  775  amount of costs associated with any inspection conducted by the
  776  State Fire Marshal under this section. Such rules must include
  777  procedures for invoicing and receiving funds in advance of the
  778  inspection.
  779         3. The applicant has submitted to the State Fire Marshal
  780  proof of insurance providing coverage for comprehensive general
  781  liability for bodily injury and property damage, products
  782  liability, completed operations, and contractual liability. The
  783  State Fire Marshal shall adopt rules providing for the amounts
  784  of such coverage, but such amounts may not be less than $300,000
  785  for Class A or Class D licenses, $200,000 for Class B licenses,
  786  and $100,000 for Class C licenses; and the total coverage for
  787  any class of license held in conjunction with a Class D license
  788  may not be less than $300,000. The State Fire Marshal may, at
  789  any time after the issuance of a license or its renewal, require
  790  upon demand, and in no event more than 30 days after notice of
  791  such demand, the licensee to provide proof of insurance, on the
  792  insurer’s form, containing confirmation of insurance coverage as
  793  required by this chapter. Failure, for any length of time, to
  794  provide proof of insurance coverage as required must result in
  795  the immediate suspension of the license until proof of proper
  796  insurance is provided to the State Fire Marshal. An insurer that
  797  provides such coverage shall notify the State Fire Marshal of
  798  any change in coverage or of any termination, cancellation, or
  799  nonrenewal of any coverage.
  800         4. The applicant applies to the State Fire Marshal,
  801  provides proof of experience, and successfully completes a
  802  prescribed training course that includes both written and
  803  practical training offered at by the State Fire College and or
  804  an equivalent course approved by the State Fire Marshal as
  805  applicable to the class of license being sought. This
  806  subparagraph does not apply to any holder of or applicant for a
  807  permit under paragraph (g) or to a business organization or a
  808  governmental entity seeking initial licensure or renewal of an
  809  existing license solely for the purpose of inspecting,
  810  servicing, repairing, marking, recharging, and maintaining fire
  811  extinguishers used and located on the premises of and owned by
  812  such organization or entity.
  813         5. The applicant has a current retestor identification
  814  number that is appropriate for the license for which the
  815  applicant is applying and that is listed with the United States
  816  Department of Transportation.
  817         6. The applicant has passed, with a grade of at least 70
  818  percent, a written examination testing his or her knowledge of
  819  the rules and statutes governing the activities authorized by
  820  the license and demonstrating his or her knowledge and ability
  821  to perform those tasks in a competent, lawful, and safe manner.
  822  Such examination must be developed and administered by the State
  823  Fire Marshal, or his or her designee in accordance with policies
  824  and procedures of the State Fire Marshal. An applicant shall pay
  825  a nonrefundable examination fee of $50 for each examination or
  826  reexamination scheduled. A reexamination may not be scheduled
  827  sooner than 30 days after any administration of an examination
  828  to an applicant. An applicant may not be permitted to take an
  829  examination for any level of license more than a total of four
  830  times during 1 year, regardless of the number of applications
  831  submitted. As a prerequisite to licensure of the applicant, he
  832  or she:
  833         a. Must be at least 18 years of age.
  834         b. Must have 4 years of proven experience as a fire
  835  equipment permittee at a level equal to or greater than the
  836  level of license applied for or have a combination of education
  837  and experience determined to be equivalent thereto by the State
  838  Fire Marshal. Having held a permit at the appropriate level for
  839  the required period constitutes the required experience.
  840         c. Must not have been convicted of a felony or a crime
  841  punishable by imprisonment of 1 year or more under the law of
  842  the United States or of any state thereof or under the law of
  843  any other country. “Convicted” means a finding of guilt or the
  844  acceptance of a plea of guilty or nolo contendere in any federal
  845  or state court or a court in any other country, without regard
  846  to whether a judgment of conviction has been entered by the
  847  court having jurisdiction of the case. If an applicant has been
  848  convicted of any such felony, the applicant is excluded from
  849  licensure for a period of 4 years after expiration of sentence
  850  or final release by the Florida Commission on Offender Review
  851  unless the applicant, before the expiration of the 4-year
  852  period, has received a full pardon or has had her or his civil
  853  rights restored.
  854  
  855  This subparagraph does not apply to any holder of or applicant
  856  for a permit under paragraph (g) or to a business organization
  857  or a governmental entity seeking initial licensure or renewal of
  858  an existing license solely for the purpose of inspecting,
  859  servicing, repairing, marking, recharging, hydrotesting, and
  860  maintaining fire extinguishers used and located on the premises
  861  of and owned by such organization or entity.
  862         (g) A permit of any class may not be issued or renewed to a
  863  person by the division, and a permit of any class does not
  864  remain operative, unless the person has:
  865         1. Submitted a nonrefundable examination fee in the amount
  866  of $50.
  867         2. Successfully completed a training course that includes
  868  both written and practical training offered at by the State Fire
  869  College and or an equivalent course approved by the State Fire
  870  Marshal as applicable to the class of license being sought.
  871         3. Passed, with a grade of at least 70 percent, a written
  872  examination testing his or her knowledge of the rules and
  873  statutes governing the activities authorized by the permit and
  874  demonstrating his or her knowledge and ability to perform those
  875  tasks in a competent, lawful, and safe manner. Such examination
  876  must be developed and administered by the State Fire Marshal in
  877  accordance with the policies and procedures of the State Fire
  878  Marshal. An examination fee must be paid for each examination
  879  scheduled. A reexamination may not be scheduled sooner than 30
  880  days after any administration of an examination to an applicant.
  881  An applicant may not be permitted to take an examination for any
  882  level of permit more than four times during 1 year, regardless
  883  of the number of applications submitted. As a prerequisite to
  884  taking the permit examination, the applicant must be at least 16
  885  years of age.
  886         (h) An applicant for a license or permit under this section
  887  who fails the examination may take it three more times during
  888  the 1-year period after he or she originally filed an
  889  application for the examination. If the applicant fails the
  890  examination within 1 year after the application date and he or
  891  she seeks to retake the examination, he or she must file a new
  892  application, pay the application and examination fees, and
  893  successfully complete a prescribed training course that includes
  894  both written and practical training offered at by the State Fire
  895  College and or an equivalent course approved by the State Fire
  896  Marshal as applicable to the class of license being sought. The
  897  applicant may not submit a new application within 6 months after
  898  the date of his or her fourth reexamination. An applicant who
  899  passes the examination but does not meet the remaining
  900  qualifications prescribed by law and rule within 1 year after
  901  the application date must file a new application, pay the
  902  application and examination fee, successfully complete a
  903  prescribed training course that includes both written and
  904  practical training offered at approved by the State Fire College
  905  and or an equivalent course approved by the State Fire Marshal
  906  as applicable to the class of license being sought, and pass the
  907  written examination.
  908         Section 20. Subsection (1) of section 633.402, Florida
  909  Statutes, is amended to read:
  910         633.402 Firefighters Employment, Standards, and Training
  911  Council; organization; meetings; quorum; compensation; seal;
  912  special powers; firefighter training.—
  913         (1) There is created within the department a Firefighters
  914  Employment, Standards, and Training Council of 15 14 members.
  915         (a) The members shall be appointed as follows:
  916         1. Two fire chiefs appointed by the Florida Fire Chiefs
  917  Association.
  918         2. Two firefighters, who are not officers, appointed by the
  919  Florida Professional Firefighters Association.
  920         3. Two firefighter officers, who are not fire chiefs,
  921  appointed by the State Fire Marshal.
  922         4. One individual appointed by the Florida League of
  923  Cities.
  924         5. One individual appointed by the Florida Association of
  925  Counties.
  926         6. One individual appointed by the Florida Association of
  927  Special Districts.
  928         7. One individual appointed by the Florida Fire Marshals’
  929  and Inspectors’ Association.
  930         8. One employee of the Florida Forest Service of the
  931  Department of Agriculture and Consumer Services appointed by the
  932  director of the Florida Forest Service.
  933         9. One individual appointed by the State Fire Marshal.
  934         10. One director or instructor of a state-certified
  935  firefighting training facility appointed by the State Fire
  936  Marshal.
  937         11. One individual The remaining member, who shall be
  938  appointed by the State Fire Marshal, who may not be a member or
  939  representative of the firefighting profession or of any local
  940  government.
  941         12.One individual from the Department of Health, appointed
  942  by the Surgeon General.
  943         (b) To be eligible for appointment as a member under
  944  subparagraph (a)1., subparagraph (a)2., subparagraph (a)3.,
  945  subparagraph (a)8., or subparagraph (a)10., a person must have
  946  had at least 4 years’ experience in the firefighting profession.
  947  Members shall serve only as long as they continue to meet the
  948  criteria under which they were appointed, or unless a member has
  949  failed to appear at three consecutive and properly noticed
  950  meetings unless excused by the chair.
  951         Section 21. Subsection (1) of section 633.416, Florida
  952  Statutes, is amended to read:
  953         633.416 Firefighter employment and volunteer firefighter
  954  service; saving clause.—
  955         (1) A fire service provider may not employ an individual
  956  to:
  957         (a) Extinguish fires for the protection of life or property
  958  or to supervise individuals who perform such services unless the
  959  individual holds a current and valid Firefighter Certificate of
  960  Compliance. However, a person who is currently serving as a
  961  volunteer firefighter and holds a volunteer firefighter
  962  certificate of completion with a fire service provider, who is
  963  then employed as a regular or permanent firefighter by such fire
  964  service provider, may function, for a period of 1 year under the
  965  direct supervision of an individual holding a valid firefighter
  966  certificate of compliance, in the same capacity in which he or
  967  she acted as a volunteer firefighter, provided that he or she
  968  has completed all training required by the volunteer
  969  organization. Under no circumstance can this period extend
  970  beyond 1 year either collectively or consecutively from the
  971  start of employment to obtain a Firefighter Certificate of
  972  Compliance; or
  973         (b) Serve as the administrative and command head of a fire
  974  service provider for a period in excess of 1 year unless the
  975  individual holds a current and valid Firefighter Certificate of
  976  Compliance or Special Certificate of Compliance.
  977         Section 22. Section 843.08, Florida Statutes, is amended to
  978  read:
  979         843.08 False personation.—A person who falsely assumes or
  980  pretends to be a firefighter, a sheriff, an officer of the
  981  Florida Highway Patrol, an officer of the Fish and Wildlife
  982  Conservation Commission, an officer of the Department of
  983  Environmental Protection, a fire or arson investigator of the
  984  Department of Financial Services, an officer of the Department
  985  of Financial Services, any personnel or representative of the
  986  Division of Investigative and Forensic Services, an officer of
  987  the Department of Corrections, a correctional probation officer,
  988  a deputy sheriff, a state attorney or an assistant state
  989  attorney, a statewide prosecutor or an assistant statewide
  990  prosecutor, a state attorney investigator, a coroner, a police
  991  officer, a lottery special agent or lottery investigator, a
  992  beverage enforcement agent, a school guardian as described in s.
  993  30.15(1)(k), a security officer licensed under chapter 493, any
  994  member of the Florida Commission on Offender Review or any
  995  administrative aide or supervisor employed by the commission,
  996  any personnel or representative of the Department of Law
  997  Enforcement, or a federal law enforcement officer as defined in
  998  s. 901.1505, and takes upon himself or herself to act as such,
  999  or to require any other person to aid or assist him or her in a
 1000  matter pertaining to the duty of any such officer, commits a
 1001  felony of the third degree, punishable as provided in s.
 1002  775.082, s. 775.083, or s. 775.084. However, a person who
 1003  falsely personates any such officer during the course of the
 1004  commission of a felony commits a felony of the second degree,
 1005  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 1006  If the commission of the felony results in the death or personal
 1007  injury of another human being, the person commits a felony of
 1008  the first degree, punishable as provided in s. 775.082, s.
 1009  775.083, or s. 775.084.
 1010         Section 23. Paragraph (f) is added to subsection (11) of
 1011  section 943.045, Florida Statutes, to read:
 1012         943.045 Definitions; ss. 943.045-943.08.—The following
 1013  words and phrases as used in ss. 943.045-943.08 shall have the
 1014  following meanings:
 1015         (11) “Criminal justice agency” means:
 1016         (f)The investigations component of the Department of
 1017  Financial Services which investigates the crimes of fraud and
 1018  official misconduct in all public assistance given to residents
 1019  of the state or provided to others by the state.
 1020         Section 24. Effective upon this act becoming a law,
 1021  subsection (3) of section 40 of chapter 2019-140, Laws of
 1022  Florida, is amended to read:
 1023         Section 40. (3) The task force shall submit a report to the
 1024  Governor, the President of the Senate, and the Speaker of the
 1025  House of Representatives and present its findings to the
 1026  appropriate legislative committees in each house of the
 1027  Legislature by January 31, 2021 within 180 days after the
 1028  initial meeting of the task force. The report must include:
 1029         (a) A general description of the costs and benefits of
 1030  state and local government agencies using blockchain technology.
 1031         (b) Recommendations concerning the feasibility of
 1032  implementing blockchain technology in the state and the best
 1033  approach to finance the cost of implementation.
 1034         (c) Recommendations for specific implementations to be
 1035  developed by relevant state agencies.
 1036         (d) Any draft legislation the task force deems appropriate
 1037  to implement such blockchain technologies.
 1038         (e) Identification of one pilot project that may be
 1039  implemented in the state.
 1040         (f) Any other information deemed relevant by the task
 1041  force.
 1042         Section 25. Except as otherwise expressly provided in this
 1043  act and except for this section, which shall take effect upon
 1044  this act becoming a law, this act shall take effect July 1,
 1045  2020.
 1046  
 1047  ================= T I T L E  A M E N D M E N T ================
 1048  And the title is amended as follows:
 1049         Delete everything before the enacting clause
 1050  and insert:
 1051                        A bill to be entitled                      
 1052         An act relating to financial services; amending s.
 1053         20.121, F.S.; specifying powers and duties of the
 1054         Division of Public Assistance Fraud; amending s.
 1055         284.30, F.S.; requiring the State Risk Management
 1056         Trust Fund to provide insurance for certain
 1057         firefighter cancer-related benefits; amending s.
 1058         284.31, F.S.; requiring the Insurance Risk Management
 1059         Trust Fund to provide a separate account for certain
 1060         firefighter cancer-related benefits; amending s.
 1061         284.385, F.S.; specifying a condition that must be met
 1062         before such benefits may be paid from the State Risk
 1063         Management Trust Fund; creating s. 284.45, F.S.;
 1064         prohibiting individuals working for entities covered
 1065         by the State Risk Management Trust Fund from engaging
 1066         in retaliatory conduct against sexual harassment
 1067         victims; defining the term “sexual harassment victim”;
 1068         specifying a criminal penalty for the willful and
 1069         knowing dissemination of a sexual harassment victim’s
 1070         personal identifying information, except under certain
 1071         circumstances; specifying protected personal
 1072         identifying information; amending s. 497.101, F.S.;
 1073         revising provisions relating to membership of the
 1074         Board of Funeral, Cemetery, and Consumer Services
 1075         within the Department of Financial Services; deleting
 1076         a requirement for the department to adopt certain
 1077         rules; creating s. 497.1411, F.S.; defining terms;
 1078         providing for permanent disqualification of applicants
 1079         for licensure under ch. 497, F.S., for certain
 1080         offenses; providing for disqualifying periods for
 1081         applicants for certain offenses; requiring the board
 1082         to adopt rules; providing for calculation of
 1083         disqualifying periods; providing conditions for
 1084         licensure after completion of a disqualifying period;
 1085         specifying the effect of a pardon or clemency;
 1086         providing for exemptions from disqualification in
 1087         certain circumstances; providing procedures for
 1088         consideration of applications for such exemptions;
 1089         providing construction; amending s. 497.142, F.S.;
 1090         revising criminal history disclosure requirements for
 1091         applicants seeking licensure under ch. 497, F.S.;
 1092         amending s. 497.157, F.S.; prohibiting persons from
 1093         acting as or advertising themselves as being funeral
 1094         directors, embalmers, direct disposers, or preneed
 1095         sales agents unless they are so licensed; prohibiting
 1096         persons from engaging in certain activities requiring
 1097         licensure without holding required licenses; revising
 1098         the criminal penalty for unlicensed activity; amending
 1099         s. 497.159, F.S.; conforming a provision to changes
 1100         made by the act; amending s. 552.081, F.S.; revising
 1101         the definition of the term “two-component explosives”
 1102         for the purpose of regulation by the Division of State
 1103         Fire Marshal; amending s. 553.7921, F.S.; authorizing
 1104         a contractor repairing certain existing fire alarm
 1105         systems to begin work after filing an application for
 1106         a required permit but before receiving the permit;
 1107         providing construction; amending s. 626.2815, F.S.;
 1108         revising continuing education requirements for certain
 1109         persons licensed to solicit, sell, or adjust
 1110         insurance; amending s. 627.70132, F.S.; decreasing the
 1111         timeframe in which a notice of windstorm or hurricane
 1112         claim must be given to a property insurer; amending s.
 1113         633.102, F.S.; revising the authority of certain fire
 1114         protection system contractors to design and alter
 1115         certain systems; amending s. 633.136, F.S.; replacing
 1116         fire protection agencies in the Fire and Emergency
 1117         Incident Information Reporting Program with fire
 1118         service providers and defining the term; revising the
 1119         composition of the Fire and Emergency Incident
 1120         Information System Technical Advisory Panel; amending
 1121         s. 633.202, F.S.; extending a deadline for certain
 1122         buildings to comply with a minimum radio signal
 1123         strength requirement under the Florida Fire Prevention
 1124         Code; requiring such buildings to meet certain
 1125         conditions by a specified date; extending the repeal
 1126         date of exemptions to the Florida Fire Prevention Code
 1127         which authorize doorstep refuse and recycling
 1128         collection containers to be in exit access corridors
 1129         in certain apartment occupancies under certain
 1130         circumstances; creating s. 633.217, F.S.; prohibiting
 1131         certain acts to influence a firesafety inspector into
 1132         violating certain laws; prohibiting a firesafety
 1133         inspector from knowingly and willfully accepting an
 1134         attempt to influence him or her into violating certain
 1135         laws; amending s. 633.304, F.S.; revising requirements
 1136         for training courses for licensees installing or
 1137         maintaining certain fire suppression equipment;
 1138         amending s. 633.402, F.S.; revising the composition of
 1139         the Firefighters Employment, Standards, and Training
 1140         Council; amending s. 633.416, F.S.; providing that
 1141         certain persons serving as volunteer firefighters may
 1142         serve as a regular or permanent firefighter for a
 1143         limited period, subject to certain restrictions;
 1144         amending s. 843.08, F.S.; prohibiting false
 1145         personation of personnel or representatives of the
 1146         Division of Investigative and Forensic Services;
 1147         providing criminal penalties; amending s. 943.045,
 1148         F.S.; revising the definition of the term “criminal
 1149         justice agency” to include the investigations
 1150         component of the department which investigates certain
 1151         crimes; amending chapter 2019-140, L.O.F.; extending
 1152         the deadline for the Florida Blockchain Task Force to
 1153         submit its report to the Governor and the Legislature;
 1154         providing effective dates.