Florida Senate - 2016                              CS for SB 992
       
       
        
       By the Committee on Banking and Insurance; and Senator Brandes
       
       597-02308-16                                           2016992c1
    1                        A bill to be entitled                      
    2         An act relating to the Department of Financial
    3         Services; amending s. 48.151, F.S.; authorizing the
    4         Department of Financial Services to create an
    5         Internet-based transmission system to accept service
    6         of process; amending s. 110.1315, F.S.; removing a
    7         requirement that the Executive Office of the Governor
    8         review and approve a certain alternative retirement
    9         income security program provided by the department;
   10         amending s. 112.215, F.S.; authorizing the Chief
   11         Financial Officer, with the approval of the State
   12         Board of Administration, to include specified
   13         employees other than state employees in a deferred
   14         compensation plan; conforming a provision to a change
   15         made by the act; amending s. 137.09, F.S.; removing a
   16         requirement that the department approve certain bonds
   17         of county officers; amending s. 215.97, F.S.; revising
   18         and providing definitions; increasing the amount of a
   19         certain audit threshold; exempting specified higher
   20         education entities from certain audit requirements;
   21         revising the requirements for state-funded contracts
   22         or agreements between a state awarding agency and a
   23         higher education entity; providing an exception;
   24         providing applicability; conforming provisions to
   25         changes made by the act; amending s. 322.142, F.S.;
   26         authorizing the Department of Highway Safety and Motor
   27         Vehicles to provide certain driver license images to
   28         the Department of Financial Services for the purpose
   29         of investigating allegations of violations of the
   30         insurance code; amending s. 374.983, F.S.; naming the
   31         Board of Commissioners of the Florida Inland
   32         Navigation District, rather than the Chief Financial
   33         Officer, as the entity that receives and approves
   34         certain surety bonds of commissioners; amending s.
   35         509.211, F.S.; revising certain standards for carbon
   36         monoxide detector devices in specified spaces or rooms
   37         of public lodging establishments; deleting a provision
   38         authorizing the State Fire Marshal of the department
   39         to exempt a device from such standards; amending s.
   40         624.307, F.S.; conforming provisions to changes made
   41         by the act; specifying requirements for the Chief
   42         Financial Officer in providing notice of electronic
   43         transmission of process documents; amending s.
   44         624.423, F.S.; authorizing service of process by
   45         specified means; reenacting and amending s. 624.502,
   46         F.S.; specifying fees to be paid by the requestor to
   47         the department or Office of Insurance Regulation for
   48         certain service of process on authorized and
   49         unauthorized insurers; amending s. 626.907, F.S.;
   50         requiring a service of process fee for certain service
   51         of process made by the Chief Financial Officer;
   52         specifying the determination of a defendant’s last
   53         known principal place of business; amending s.
   54         626.921, F.S.; revising membership requirements of the
   55         Florida Surplus Lines Service Office board of
   56         governors; amending s. 627.7074, F.S.; providing an
   57         additional ground for disqualifying a neutral
   58         evaluator for disputed sinkhole insurance claims;
   59         creating s. 633.107, F.S.; authorizing the department
   60         to grant exemptions from disqualification for
   61         licensure or certification by the Division of State
   62         Fire Marshal under certain circumstances; specifying
   63         the information an applicant must provide; providing
   64         the manner in which the department must render its
   65         decision to grant or deny an exemption; providing
   66         procedures for an applicant to contest the decision;
   67         providing an exception from certain requirements;
   68         authorizing the division to adopt rules; creating s.
   69         633.135, F.S.; establishing the Firefighter Assistance
   70         Program for certain purposes; requiring the division
   71         to administer the program and annually award grants to
   72         qualifying fire departments; defining the term
   73         “combination fire department”; providing eligibility
   74         requirements; requiring the State Fire Marshal to
   75         adopt rules and procedures; providing program
   76         requirements; amending s. 633.208, F.S.; revising
   77         applicability of the Life Safety Code to exclude one
   78         family and two-family dwellings, rather than only such
   79         dwellings that are newly constructed; amending s.
   80         633.216, F.S.; conforming a cross-reference; amending
   81         s. 633.408, F.S.; revising firefighter and volunteer
   82         firefighter certification requirements; specifying the
   83         duration of certain firefighter certifications;
   84         amending s. 633.412, F.S.; deleting a requirement that
   85         the division suspend or revoke all issued certificates
   86         if an individual’s certificate is suspended or
   87         revoked; amending s. 633.414, F.S.; conforming
   88         provisions to changes made by the act; revising
   89         alternative requirements for renewing specified
   90         certifications; providing grounds for denial of, or
   91         disciplinary action against, certifications for a
   92         firefighter or volunteer firefighter; amending s.
   93         633.426, F.S.; revising a definition; providing a date
   94         after which an individual is subject to revocation of
   95         certification under specified circumstances; providing
   96         an effective date.
   97          
   98  Be It Enacted by the Legislature of the State of Florida:
   99  
  100         Section 1. Subsection (3) of section 48.151, Florida
  101  Statutes, is amended to read:
  102         48.151 Service on statutory agents for certain persons.—
  103         (3) The Chief Financial Officer or his or her assistant or
  104  deputy or another person in charge of the office is the agent
  105  for service of process on all insurers applying for authority to
  106  transact insurance in this state, all licensed nonresident
  107  insurance agents, all nonresident disability insurance agents
  108  licensed pursuant to s. 626.835, any unauthorized insurer under
  109  s. 626.906 or s. 626.937, domestic reciprocal insurers,
  110  fraternal benefit societies under chapter 632, warranty
  111  associations under chapter 634, prepaid limited health service
  112  organizations under chapter 636, and persons required to file
  113  statements under s. 628.461. As an alternative to service of
  114  process made by mail or personal service on the Chief Financial
  115  Officer, on his or her assistant or deputy, or on another person
  116  in charge of the office, the Department of Financial Services
  117  may create an Internet-based transmission system to accept
  118  service of process by electronic transmission of documents.
  119         Section 2. Subsection (1) of section 110.1315, Florida
  120  Statutes, is amended to read:
  121         110.1315 Alternative retirement benefits; other-personal
  122  services employees.—
  123         (1) Upon review and approval by the Executive Office of the
  124  Governor, The Department of Financial Services shall provide an
  125  alternative retirement income security program for eligible
  126  temporary and seasonal employees of the state who are
  127  compensated from appropriations for other personal services. The
  128  Department of Financial Services may contract with a private
  129  vendor or vendors to administer the program under a defined
  130  contribution plan under ss. 401(a) and 403(b) or s. 457 of the
  131  Internal Revenue Code, and the program must provide retirement
  132  benefits as required under s. 3121(b)(7)(F) of the Internal
  133  Revenue Code. The Department of Financial Services may develop a
  134  request for proposals and solicit qualified vendors to compete
  135  for the award of the contract. A vendor shall be selected on the
  136  basis of the plan that best serves the interest of the
  137  participating employees and the state. The proposal must comply
  138  with all necessary federal and state laws and rules.
  139         Section 3. Paragraph (a) of subsection (4) and subsection
  140  (12) of section 112.215, Florida Statutes, are amended to read:
  141         112.215 Government employees; deferred compensation
  142  program.—
  143         (4)(a) The Chief Financial Officer, with the approval of
  144  the State Board of Administration, shall establish such plan or
  145  plans of deferred compensation for state employees and may
  146  include persons employed by a state university as defined in s.
  147  1000.21, a special district as defined in s. 189.012, or a water
  148  management district as defined in s. 189.012, including all such
  149  investment vehicles or products incident thereto, as may be
  150  available through, or offered by, qualified companies or
  151  persons, and may approve one or more such plans for
  152  implementation by and on behalf of the state and its agencies
  153  and employees.
  154         (12) The Chief Financial Officer may adopt any rule
  155  necessary to administer and implement this act with respect to
  156  deferred compensation plans for state employees and persons
  157  employed by a state university as defined in s. 1000.21, a
  158  special district as defined in s. 189.012, or a water management
  159  district as defined in s. 189.012.
  160         Section 4. Section 137.09, Florida Statutes, is amended to
  161  read:
  162         137.09 Justification and approval of bonds.—Each surety
  163  upon every bond of any county officer shall make affidavit that
  164  he or she is a resident of the county for which the officer is
  165  to be commissioned, and that he or she has sufficient visible
  166  property therein unencumbered and not exempt from sale under
  167  legal process to make good his or her bond. Every such bond
  168  shall be approved by the board of county commissioners and by
  169  the Department of Financial Services when the board is they and
  170  it are satisfied in its their judgment that the bond same is
  171  legal, sufficient, and proper to be approved.
  172         Section 5. Present paragraphs (h) through (y) of subsection
  173  (2) of section 215.97, Florida Statutes, are redesignated as
  174  paragraphs (i) through (z), respectively, a new paragraph (h) is
  175  added to that subsection, paragraph (a) and present paragraphs
  176  (m) and (v) of that subsection and paragraph (o) of subsection
  177  (8) are amended, present subsections (9), (10), and (11) of that
  178  section are renumbered as subsections (10), (11), and (12),
  179  respectively, and a new subsection (9) is added to that section,
  180  to read:
  181         215.97 Florida Single Audit Act.—
  182         (2) Definitions; As used in this section, the term:
  183         (a) “Audit threshold” means the threshold amount used to
  184  determine when a state single audit or project-specific audit of
  185  a nonstate entity shall be conducted in accordance with this
  186  section. Each nonstate entity that expends a total amount of
  187  state financial assistance equal to or in excess of $750,000
  188  $500,000 in any fiscal year of such nonstate entity shall be
  189  required to have a state single audit, or a project-specific
  190  audit, for such fiscal year in accordance with the requirements
  191  of this section. Every 2 years the Auditor General, after
  192  consulting with the Executive Office of the Governor, the
  193  Department of Financial Services, and all state awarding
  194  agencies, shall review the threshold amount for requiring audits
  195  under this section and may adjust such threshold amount
  196  consistent with the purposes of this section.
  197         (h) “Higher education entity” means a Florida College
  198  System institution or a state university, as those terms are
  199  defined in s. 1000.21.
  200         (n)(m) “Nonstate entity” means a local governmental entity,
  201  higher education entity, nonprofit organization, or for-profit
  202  organization that receives state financial assistance.
  203         (w)(v) “State project-specific audit” means an audit of one
  204  state project performed in accordance with the requirements of
  205  subsection (11) (10).
  206         (8) Each recipient or subrecipient of state financial
  207  assistance shall comply with the following:
  208         (o) A higher education entity is exempt from the
  209  requirements of paragraph (2)(a) and this subsection A contract
  210  involving the State University System or the Florida College
  211  System funded by state financial assistance may be in the form
  212  of:
  213         1.A fixed-price contract that entitles the provider to
  214  receive full compensation for the fixed contract amount upon
  215  completion of all contract deliverables;
  216         2.A fixed-rate-per-unit contract that entitles the
  217  provider to receive compensation for each contract deliverable
  218  provided;
  219         3.A cost-reimbursable contract that entitles the provider
  220  to receive compensation for actual allowable costs incurred in
  221  performing contract deliverables; or
  222         4. A combination of the contract forms described in
  223  subparagraphs 1., 2., and 3.
  224         (9) This subsection applies to any contract or agreement
  225  between a state awarding agency and a higher education entity
  226  that is funded by state financial assistance.
  227         (a) The contract or agreement must comply with ss.
  228  215.971(1) and 216.3475 and must be in the form of one or a
  229  combination of the following:
  230         1. A fixed-price contract that entitles the provider to
  231  receive compensation for the fixed contract amount upon
  232  completion of all contract deliverables.
  233         2. A fixed-rate-per-unit contract that entitles the
  234  provider to receive compensation for each contract deliverable
  235  provided.
  236         3. A cost-reimbursable contract that entitles the provider
  237  to receive compensation for actual allowable costs incurred in
  238  performing contract deliverables.
  239         (b) If a higher education entity has extremely limited or
  240  no required activities related to the administration of a state
  241  project and acts only as a conduit of state financial
  242  assistance, none of the requirements of this section apply to
  243  the conduit higher education entity. However, the subrecipient
  244  that is provided state financial assistance by the conduit
  245  higher education entity is subject to the requirements of this
  246  subsection and subsection (8).
  247         (c) Regardless of the amount of the state financial
  248  assistance, this subsection does not exempt a higher education
  249  entity from compliance with provisions of law that relate to
  250  maintaining records concerning state financial assistance to the
  251  higher education entity or that allow access and examination of
  252  those records by the state awarding agency, the higher education
  253  entity, the Department of Financial Services, or the Auditor
  254  General.
  255         (d) This subsection does not prohibit the state awarding
  256  agency from including terms and conditions in the contract or
  257  agreement which require additional assurances that the state
  258  financial assistance meets the applicable requirements of laws,
  259  regulations, and other compliance rules.
  260         Section 6. Subsection (4) of section 322.142, Florida
  261  Statutes, is amended to read:
  262         322.142 Color photographic or digital imaged licenses.—
  263         (4) The department may maintain a film negative or print
  264  file. The department shall maintain a record of the digital
  265  image and signature of the licensees, together with other data
  266  required by the department for identification and retrieval.
  267  Reproductions from the file or digital record are exempt from
  268  the provisions of s. 119.07(1) and may be made and issued only:
  269         (a) For departmental administrative purposes;
  270         (b) For the issuance of duplicate licenses;
  271         (c) In response to law enforcement agency requests;
  272         (d) To the Department of Business and Professional
  273  Regulation and the Department of Health pursuant to an
  274  interagency agreement for the purpose of accessing digital
  275  images for reproduction of licenses issued by the Department of
  276  Business and Professional Regulation or the Department of
  277  Health;
  278         (e) To the Department of State pursuant to an interagency
  279  agreement to facilitate determinations of eligibility of voter
  280  registration applicants and registered voters in accordance with
  281  ss. 98.045 and 98.075;
  282         (f) To the Department of Revenue pursuant to an interagency
  283  agreement for use in establishing paternity and establishing,
  284  modifying, or enforcing support obligations in Title IV-D cases;
  285         (g) To the Department of Children and Families pursuant to
  286  an interagency agreement to conduct protective investigations
  287  under part III of chapter 39 and chapter 415;
  288         (h) To the Department of Children and Families pursuant to
  289  an interagency agreement specifying the number of employees in
  290  each of that department’s regions to be granted access to the
  291  records for use as verification of identity to expedite the
  292  determination of eligibility for public assistance and for use
  293  in public assistance fraud investigations;
  294         (i) To the Agency for Health Care Administration pursuant
  295  to an interagency agreement for the purpose of authorized
  296  agencies verifying photographs in the Care Provider Background
  297  Screening Clearinghouse authorized under s. 435.12;
  298         (j) To the Department of Financial Services pursuant to an
  299  interagency agreement to facilitate the location of owners of
  300  unclaimed property, the validation of unclaimed property claims,
  301  and the identification of fraudulent or false claims, and the
  302  investigation of allegations of violations of the insurance code
  303  by licensees and unlicensed persons;
  304         (k) To district medical examiners pursuant to an
  305  interagency agreement for the purpose of identifying a deceased
  306  individual, determining cause of death, and notifying next of
  307  kin of any investigations, including autopsies and other
  308  laboratory examinations, authorized in s. 406.11; or
  309         (l) To the following persons for the purpose of identifying
  310  a person as part of the official work of a court:
  311         1. A justice or judge of this state;
  312         2. An employee of the state courts system who works in a
  313  position that is designated in writing for access by the Chief
  314  Justice of the Supreme Court or a chief judge of a district or
  315  circuit court, or by his or her designee; or
  316         3. A government employee who performs functions on behalf
  317  of the state courts system in a position that is designated in
  318  writing for access by the Chief Justice or a chief judge, or by
  319  his or her designee.
  320         Section 7. Subsection (2) of section 374.983, Florida
  321  Statutes, is amended to read:
  322         374.983 Governing body.—
  323         (2) The present board of commissioners of the district
  324  shall continue to hold office until their respective terms shall
  325  expire. Thereafter the members of the board shall continue to be
  326  appointed by the Governor for a term of 4 years and until their
  327  successors shall be duly appointed. Specifically, commencing on
  328  January 10, 1997, the Governor shall appoint the commissioners
  329  from Broward, Indian River, Martin, St. Johns, and Volusia
  330  Counties and on January 10, 1999, the Governor shall appoint the
  331  commissioners from Brevard, Miami-Dade, Duval, Flagler, Palm
  332  Beach, and St. Lucie Counties. The Governor shall appoint the
  333  commissioner from Nassau County for an initial term that
  334  coincides with the period remaining in the current terms of the
  335  commissioners from Broward, Indian River, Martin, St. Johns, and
  336  Volusia Counties. Thereafter, the commissioner from Nassau
  337  County shall be appointed to a 4-year term. Each new appointee
  338  must be confirmed by the Senate. Whenever a vacancy occurs among
  339  the commissioners, the person appointed to fill such vacancy
  340  shall hold office for the unexpired portion of the term of the
  341  commissioner whose place he or she is selected to fill. Each
  342  commissioner under this act before he or she assumes office
  343  shall be required to give a good and sufficient surety bond in
  344  the sum of $10,000 payable to the Governor and his or her
  345  successors in office, conditioned upon the faithful performance
  346  of the duties of his or her office, such bond to be approved by
  347  and filed with the board of commissioners of the district Chief
  348  Financial Officer. Any and all premiums upon such surety bonds
  349  shall be paid by the board of commissioners of such district as
  350  a necessary expense of the district.
  351         Section 8. Subsection (4) of section 509.211, Florida
  352  Statutes, is amended to read:
  353         509.211 Safety regulations.—
  354         (4) Every enclosed space or room that contains a boiler
  355  regulated under chapter 554 which is fired by the direct
  356  application of energy from the combustion of fuels and that is
  357  located in any portion of a public lodging establishment that
  358  also contains sleeping rooms shall be equipped with one or more
  359  carbon monoxide detector sensor devices that bear the
  360  certification mark from a testing and certification organization
  361  accredited in accordance with ISO/IEC Guide 65, General
  362  Requirements for Bodies Operating Product Certification Systems,
  363  label of a nationally recognized testing laboratory and that
  364  have been tested and listed as complying with the most recent
  365  Underwriters Laboratories, Inc., Standard 2075 2034, or its
  366  equivalent, unless it is determined that carbon monoxide hazards
  367  have otherwise been adequately mitigated as determined by the
  368  Division of State Fire Marshal of the Department of Financial
  369  Services. Such devices shall be integrated with the public
  370  lodging establishment’s fire detection system. Any such
  371  installation or determination shall be made in accordance with
  372  rules adopted by the Division of State Fire Marshal.
  373         Section 9. Subsection (9) of section 624.307, Florida
  374  Statutes, is amended to read:
  375         624.307 General powers; duties.—
  376         (9) Upon receiving service of legal process issued in any
  377  civil action or proceeding in this state against any regulated
  378  person or any unauthorized insurer under s. 626.906 or s.
  379  626.937 which is required to appoint the Chief Financial Officer
  380  as its attorney to receive service of all legal process, the
  381  Chief Financial Officer, as attorney, may, in lieu of sending
  382  the process by registered or certified mail, send the process or
  383  make it available by any other verifiable means, including, but
  384  not limited to, making the documents available by electronic
  385  transmission from a secure website established by the department
  386  to the person last designated by the regulated person or the
  387  unauthorized insurer to receive the process. When process
  388  documents are made available electronically, the Chief Financial
  389  Officer shall send a notice of receipt of service of process to
  390  the person last designated by the regulated person or
  391  unauthorized insurer to receive legal process. The notice must
  392  state the date and manner in which the copy of the process was
  393  made available to the regulated person or unauthorized insurer
  394  being served and contain the uniform resource locator (URL) for
  395  a hyperlink to access files and information on the department’s
  396  website to obtain a copy of the process.
  397         Section 10. Section 624.423, Florida Statutes, is amended
  398  to read:
  399         624.423 Serving process.—
  400         (1) Service of process upon the Chief Financial Officer as
  401  process agent of the insurer (under ss. s. 624.422 and 626.937)
  402  shall be made by serving a copy of the process upon the Chief
  403  Financial Officer or upon her or his assistant, deputy, or other
  404  person in charge of her or his office. Service may also be made
  405  by mail or electronically as provided in s. 48.151. Upon
  406  receiving such service, the Chief Financial Officer shall retain
  407  a record copy and promptly forward one copy of the process by
  408  registered or certified mail or by other verifiable means, as
  409  provided under s. 624.307(9), to the person last designated by
  410  the insurer to receive the same, as provided under s.
  411  624.422(2). For purposes of this section, records may be
  412  retained as paper or electronic copies.
  413         (2) If Where process is served upon the Chief Financial
  414  Officer as an insurer’s process agent, the insurer is shall not
  415  be required to answer or plead except within 20 days after the
  416  date upon which the Chief Financial Officer sends or makes
  417  available by other verifiable means mailed a copy of the process
  418  served upon her or him as required by subsection (1).
  419         (3) Process served upon the Chief Financial Officer and
  420  sent or made available in accordance with this section and s.
  421  624.307(9) copy thereof forwarded as in this section provided
  422  shall for all purposes constitute valid and binding service
  423  thereof upon the insurer.
  424         Section 11. Notwithstanding the expiration date in section
  425  41 of chapter 2015-222, Laws of Florida, section 624.502,
  426  Florida Statutes, as amended by chapter 2013-41, Laws of
  427  Florida, is reenacted and amended to read:
  428         624.502 Service of process fee.—In all instances as
  429  provided in any section of the insurance code and s. 48.151(3)
  430  in which service of process is authorized to be made upon the
  431  Chief Financial Officer or the director of the office, the party
  432  requesting service plaintiff shall pay to the department or
  433  office a fee of $15 for such service of process on an authorized
  434  insurer or $25 for such service of process on an unauthorized
  435  insurer, which fee shall be deposited into the Administrative
  436  Trust Fund.
  437         Section 12. Subsection (1) of section 626.907, Florida
  438  Statutes, is amended to read:
  439         626.907 Service of process; judgment by default.—
  440         (1) Service of process upon an insurer or person
  441  representing or aiding such insurer pursuant to s. 626.906 shall
  442  be made by delivering to and leaving with the Chief Financial
  443  Officer, his or her assistant or deputy, or another person in
  444  charge of the or some person in apparent charge of his or her
  445  office two copies thereof and the service of process fee as
  446  required in s. 624.502. The Chief Financial Officer shall
  447  forthwith mail by registered mail, commercial carrier, or any
  448  verifiable means, one of the copies of such process to the
  449  defendant at the defendant’s last known principal place of
  450  business as provided by the party submitting the documents and
  451  shall keep a record of all process so served upon him or her.
  452  The service of process is sufficient, provided notice of such
  453  service and a copy of the process are sent within 10 days
  454  thereafter by registered mail by plaintiff or plaintiff’s
  455  attorney to the defendant at the defendant’s last known
  456  principal place of business, and the defendant’s receipt, or
  457  receipt issued by the post office with which the letter is
  458  registered, showing the name of the sender of the letter and the
  459  name and address of the person to whom the letter is addressed,
  460  and the affidavit of the plaintiff or plaintiff’s attorney
  461  showing a compliance herewith are filed with the clerk of the
  462  court in which the action is pending on or before the date the
  463  defendant is required to appear, or within such further time as
  464  the court may allow.
  465         Section 13. Paragraph (a) of subsection (4) of section
  466  626.921, Florida Statutes, is amended to read:
  467         626.921 Florida Surplus Lines Service Office.—
  468         (4) The association shall operate under the supervision of
  469  a board of governors consisting of:
  470         (a) Five individuals nominated by the Florida Surplus Lines
  471  Association and appointed by the department from the regular
  472  membership of the Florida Surplus Lines Association.
  473  
  474  Each board member shall be appointed to serve beginning on the
  475  date designated by the plan of operation and shall serve at the
  476  pleasure of the department for a 3-year term, such term
  477  initially to be staggered by the plan of operation so that three
  478  appointments expire in 1 year, three appointments expire in 2
  479  years, and three appointments expire in 3 years. Members may be
  480  reappointed for subsequent terms. The board of governors shall
  481  elect such officers as may be provided in the plan of operation.
  482         Section 14. Paragraph (a) of subsection (7) of section
  483  627.7074, Florida Statutes, is amended to read:
  484         627.7074 Alternative procedure for resolution of disputed
  485  sinkhole insurance claims.—
  486         (7) Upon receipt of a request for neutral evaluation, the
  487  department shall provide the parties a list of certified neutral
  488  evaluators. The department shall allow the parties to submit
  489  requests to disqualify evaluators on the list for cause.
  490         (a) The department shall disqualify neutral evaluators for
  491  cause based only on any of the following grounds:
  492         1. A familial relationship within the third degree exists
  493  between the neutral evaluator and either party or a
  494  representative of either party.
  495         2. The proposed neutral evaluator has, in a professional
  496  capacity, previously represented either party or a
  497  representative of either party in the same or a substantially
  498  related matter.
  499         3. The proposed neutral evaluator has, in a professional
  500  capacity, represented another person in the same or a
  501  substantially related matter and that person’s interests are
  502  materially adverse to the interests of the parties. The term
  503  “substantially related matter” means participation by the
  504  neutral evaluator on the same claim, property, or adjacent
  505  property.
  506         4. The proposed neutral evaluator has, within the preceding
  507  5 years, worked as an employer or employee of any party to the
  508  case.
  509         5. The proposed neutral evaluator has, within the preceding
  510  5 years, worked for any entity that performed any sinkhole loss
  511  testing, review, or analysis for the property.
  512         Section 15. Section 633.107, Florida Statutes, is created
  513  to read:
  514         633.107 Exemption from disqualification from licensure or
  515  certification.—
  516         (1) The department may grant an exemption from
  517  disqualification to any person disqualified from licensure or
  518  certification by the Division of State Fire Marshal under this
  519  chapter because of a criminal record or dishonorable discharge
  520  from the United States Armed Forces if the applicant has paid in
  521  full any fee, fine, fund, lien, civil judgment, restitution,
  522  cost of prosecution, or trust contribution imposed by the court
  523  as part of the judgment and sentence for any disqualifying
  524  offense and:
  525         (a) At least 5 years have elapsed since the applicant
  526  completed or has been lawfully released from confinement,
  527  supervision, or nonmonetary condition imposed by the court for a
  528  disqualifying offense; or
  529         (b) At least 5 years have elapsed since the applicant was
  530  dishonorably discharged from the United States Armed Forces.
  531         (2) For the department to grant an exemption, the applicant
  532  must clearly and convincingly demonstrate that he or she would
  533  not pose a risk to persons or property if permitted to be
  534  licensed or certified under this chapter, evidence of which must
  535  include, but need not be limited to, facts and circumstances
  536  surrounding the disqualifying offense, the time that has elapsed
  537  since the offense, the nature of the offense and harm caused to
  538  the victim, the applicant’s history before and after the
  539  offense, and any other evidence or circumstances indicating that
  540  the applicant will not present a danger if permitted to be
  541  licensed or certified.
  542         (3) The department has discretion whether to grant or deny
  543  an exemption. The department shall provide its decision in
  544  writing which, if the exemption is denied, must state with
  545  particularity the reasons for denial. The department’s decision
  546  is subject to proceedings under chapter 120, except that a
  547  formal proceeding under s. 120.57(1) is available only if there
  548  are disputed issues of material fact that the department relied
  549  upon in reaching its decision.
  550         (4) An applicant may request an exemption, notwithstanding
  551  the time limitations of paragraphs (1)(a) and (b), if by
  552  executive clemency his or her civil rights are restored, or he
  553  or she receives a pardon, from the disqualifying offense. The
  554  fact that the applicant receives executive clemency does not
  555  alleviate his or her obligation to comply with subsection (2) or
  556  in itself require the department to award the exemption.
  557         (5) The division may adopt rules to administer this
  558  section.
  559         Section 16. Section 633.135, Florida Statutes, is created
  560  to read:
  561         633.135 Firefighter Assistance Grant Program.—
  562         (1) The Firefighter Assistance Grant Program is created
  563  within the division to improve the emergency response capability
  564  of volunteer fire departments and combination fire departments.
  565  The program shall provide financial assistance to improve
  566  firefighter safety and enable such fire departments to provide
  567  firefighting, emergency medical, and rescue services to their
  568  communities. For purposes of this section, the term “combination
  569  fire department” means a fire department composed of a
  570  combination of career and volunteer firefighters.
  571         (2) The division shall administer the program and annually
  572  award grants to volunteer fire departments and combination fire
  573  departments using the annual Florida Fire Service Needs
  574  Assessment Survey. The purpose of the grants is to assist such
  575  fire departments in providing volunteer firefighter training and
  576  procuring necessary firefighter personal protective equipment,
  577  self-contained breathing apparatus equipment, and fire engine
  578  pumper apparatus equipment. However, the division shall
  579  prioritize the annual award of grants to such fire departments
  580  in a county having a population of 75,000 or less.
  581         (3) The State Fire Marshal shall adopt rules and procedures
  582  for the program that require grant recipients to:
  583         (a) Report their activity to the division for submission in
  584  the Fire and Emergency Incident Information Reporting System
  585  created pursuant to s. 633.136;
  586         (b) Annually complete and submit the Florida Fire Service
  587  Needs Assessment Survey to the division;
  588         (c) Comply with the Florida Firefighters Occupational
  589  Safety and Health Act, ss. 633.502-633.536;
  590         (d) Comply with any other rule determined by the State Fire
  591  Marshal to effectively and efficiently implement, administer,
  592  and manage the program; and
  593         (e) Meet the definition of the term “fire service provider”
  594  in s. 633.102.
  595         (4) Funds shall be used to:
  596         (a) Provide firefighter training to individuals to obtain a
  597  Volunteer Firefighter Certificate of Completion pursuant to s.
  598  633.408. Training must be provided at no cost to the fire
  599  department or student by a division-approved instructor and must
  600  be documented in the division’s electronic database.
  601         (b) Purchase firefighter personal protective equipment,
  602  including structural firefighting protective ensembles and
  603  individual ensemble elements such as garments, helmets, gloves,
  604  and footwear, that complies with NFPA No. 1851, “Standard on
  605  Selection, Care, and Maintenance of Protective Ensembles for
  606  Structural Fire Fighting and Proximity Fire Fighting,” by the
  607  National Fire Protection Association.
  608         (c) Purchase self-contained breathing apparatus equipment
  609  that complies with NFPA No. 1852, “Standard on Selection, Care,
  610  and Maintenance of Open-Circuit Self-Contained Breathing
  611  Apparatus.”
  612         (d) Purchase fire engine pumper apparatus equipment. Funds
  613  provided under this paragraph may be used to purchase the
  614  equipment or subsidize a federal grant from the Federal
  615  Emergency Management Agency to purchase the equipment.
  616         Section 17. Subsection (8) of section 633.208, Florida
  617  Statutes, is amended to read:
  618         633.208 Minimum firesafety standards.—
  619         (8) The provisions of the Life Safety Code, as contained in
  620  the Florida Fire Prevention Code, do not apply to newly
  621  constructed one-family and two-family dwellings. However, fire
  622  sprinkler protection may be permitted by local government in
  623  lieu of other fire protection-related development requirements
  624  for such structures. While local governments may adopt fire
  625  sprinkler requirements for one- and two-family dwellings under
  626  this subsection, it is the intent of the Legislature that the
  627  economic consequences of the fire sprinkler mandate on home
  628  owners be studied before the enactment of such a requirement.
  629  After the effective date of this act, any local government that
  630  desires to adopt a fire sprinkler requirement on one- or two
  631  family dwellings must prepare an economic cost and benefit
  632  report that analyzes the application of fire sprinklers to one-
  633  or two-family dwellings or any proposed residential subdivision.
  634  The report must consider the tradeoffs and specific cost savings
  635  and benefits of fire sprinklers for future owners of property.
  636  The report must include an assessment of the cost savings from
  637  any reduced or eliminated impact fees if applicable, the
  638  reduction in special fire district tax, insurance fees, and
  639  other taxes or fees imposed, and the waiver of certain
  640  infrastructure requirements including the reduction of roadway
  641  widths, the reduction of water line sizes, increased fire
  642  hydrant spacing, increased dead-end roadway length, and a
  643  reduction in cul-de-sac sizes relative to the costs from fire
  644  sprinkling. A failure to prepare an economic report shall result
  645  in the invalidation of the fire sprinkler requirement to any
  646  one- or two-family dwelling or any proposed subdivision. In
  647  addition, a local jurisdiction or utility may not charge any
  648  additional fee, above what is charged to a non-fire sprinklered
  649  dwelling, on the basis that a one- or two-family dwelling unit
  650  is protected by a fire sprinkler system.
  651         Section 18. Subsection (2) of section 633.216, Florida
  652  Statutes, is amended to read:
  653         633.216 Inspection of buildings and equipment; orders;
  654  firesafety inspection training requirements; certification;
  655  disciplinary action.—The State Fire Marshal and her or his
  656  agents or persons authorized to enforce laws and rules of the
  657  State Fire Marshal shall, at any reasonable hour, when the State
  658  Fire Marshal has reasonable cause to believe that a violation of
  659  this chapter or s. 509.215, or a rule adopted thereunder, or a
  660  minimum firesafety code adopted by the State Fire Marshal or a
  661  local authority, may exist, inspect any and all buildings and
  662  structures which are subject to the requirements of this chapter
  663  or s. 509.215 and rules adopted thereunder. The authority to
  664  inspect shall extend to all equipment, vehicles, and chemicals
  665  which are located on or within the premises of any such building
  666  or structure.
  667         (2) Except as provided in s. 633.312(2), every firesafety
  668  inspection conducted pursuant to state or local firesafety
  669  requirements shall be by a person certified as having met the
  670  inspection training requirements set by the State Fire Marshal.
  671  Such person shall meet the requirements of s. 633.412(1)-(4) s.
  672  633.412(1)(a)-(d), and:
  673         (a) Have satisfactorily completed the firesafety inspector
  674  certification examination as prescribed by division rule; and
  675         (b)1. Have satisfactorily completed, as determined by
  676  division rule, a firesafety inspector training program of at
  677  least 200 hours established by the department and administered
  678  by education or training providers approved by the department
  679  for the purpose of providing basic certification training for
  680  firesafety inspectors; or
  681         2. Have received training in another state which is
  682  determined by the division to be at least equivalent to that
  683  required by the department for approved firesafety inspector
  684  education and training programs in this state.
  685         Section 19. Paragraph (b) of subsection (4) and subsection
  686  (8) of section 633.408, Florida Statutes, are amended, and
  687  subsection (9) is added to that section, to read:
  688         633.408 Firefighter and volunteer firefighter training and
  689  certification.—
  690         (4) The division shall issue a firefighter certificate of
  691  compliance to an individual who does all of the following:
  692         (b) Passes the Minimum Standards Course examination within
  693  12 months after completing the required courses.
  694         (8)(a) Pursuant to s. 590.02(1)(e), the division shall
  695  establish a structural fire training program of not less than
  696  206 hours. The division shall issue to a person satisfactorily
  697  complying with this training program and who has successfully
  698  passed an examination as prescribed by the division and who has
  699  met the requirements of s. 590.02(1)(e), a Forestry Certificate
  700  of Compliance.
  701         (b) An individual who holds a current and valid Forestry
  702  Certificate of Compliance is entitled to the same rights,
  703  privileges, and benefits provided for by law as a firefighter.
  704         (9) A Firefighter Certificate of Compliance or a Volunteer
  705  Firefighter Certificate of Completion issued under this section
  706  expires 4 years after the date of issuance unless renewed as
  707  provided in s. 633.414.
  708         Section 20. Section 633.412, Florida Statutes, is amended
  709  to read:
  710         633.412 Firefighters; qualifications for certification.—
  711         (1) A person applying for certification as a firefighter
  712  must:
  713         (1)(a) Be a high school graduate or the equivalent, as the
  714  term may be determined by the division, and at least 18 years of
  715  age.
  716         (2)(b) Not have been convicted of a misdemeanor relating to
  717  the certification or to perjury or false statements, or a felony
  718  or a crime punishable by imprisonment of 1 year or more under
  719  the law of the United States or of any state thereof or under
  720  the law of any other country, or dishonorably discharged from
  721  any of the Armed Forces of the United States. “Convicted” means
  722  a finding of guilt or the acceptance of a plea of guilty or nolo
  723  contendere, in any federal or state court or a court in any
  724  other country, without regard to whether a judgment of
  725  conviction has been entered by the court having jurisdiction of
  726  the case.
  727         (3)(c) Submit a set of fingerprints to the division with a
  728  current processing fee. The fingerprints will be forwarded to
  729  the Department of Law Enforcement for state processing and
  730  forwarded by the Department of Law Enforcement to the Federal
  731  Bureau of Investigation for national processing.
  732         (4)(d) Have a good moral character as determined by
  733  investigation under procedure established by the division.
  734         (5)(e) Be in good physical condition as determined by a
  735  medical examination given by a physician, surgeon, or physician
  736  assistant licensed to practice in the state pursuant to chapter
  737  458; an osteopathic physician, surgeon, or physician assistant
  738  licensed to practice in the state pursuant to chapter 459; or an
  739  advanced registered nurse practitioner licensed to practice in
  740  the state pursuant to chapter 464. Such examination may include,
  741  but need not be limited to, the National Fire Protection
  742  Association Standard 1582. A medical examination evidencing good
  743  physical condition shall be submitted to the division, on a form
  744  as provided by rule, before an individual is eligible for
  745  admission into a course under s. 633.408.
  746         (6)(f) Be a nonuser of tobacco or tobacco products for at
  747  least 1 year immediately preceding application, as evidenced by
  748  the sworn affidavit of the applicant.
  749         (2) If the division suspends or revokes an individual’s
  750  certificate, the division must suspend or revoke all other
  751  certificates issued to the individual by the division pursuant
  752  to this part.
  753         Section 21. Section 633.414, Florida Statutes, is amended
  754  to read:
  755         633.414 Retention of firefighter, volunteer firefighter,
  756  and fire investigator certifications certification.—
  757         (1) In order for a firefighter to retain her or his
  758  Firefighter Certificate of Compliance, every 4 years he or she
  759  must meet the requirements for renewal provided in this chapter
  760  and by rule, which must include at least one of the following:
  761         (a) Be active as a firefighter.;
  762         (b) Maintain a current and valid fire service instructor
  763  certificate, instruct at least 40 hours during the 4-year
  764  period, and provide proof of such instruction to the division,
  765  which proof must be registered in an electronic database
  766  designated by the division.;
  767         (c) Within 6 months before the 4-year period expires,
  768  successfully complete a Firefighter Retention Refresher Course
  769  consisting of a minimum of 40 hours of training to be prescribed
  770  by rule.; or
  771         (d) Within 6 months before the 4-year period expires,
  772  successfully retake and pass the Minimum Standards Course
  773  examination pursuant to s. 633.408.
  774         (2) In order for a volunteer firefighter to retain her or
  775  his Volunteer Firefighter Certificate of Completion, every 4
  776  years he or she must:
  777         (a) Be active as a volunteer firefighter; or
  778         (b) Successfully complete a refresher course consisting of
  779  a minimum of 40 hours of training to be prescribed by rule.
  780         (3) Subsection (1) does not apply to state-certified
  781  firefighters who are certified and employed full-time, as
  782  determined by the fire service provider, as firesafety
  783  inspectors or fire investigators, regardless of their her or his
  784  employment status as firefighters or volunteer firefighters a
  785  firefighter.
  786         (4) For the purposes of this section, the term “active”
  787  means being employed as a firefighter or providing service as a
  788  volunteer firefighter for a cumulative period of 6 months within
  789  a 4-year period.
  790         (5) The 4-year period begins upon issuance of the
  791  certificate or separation from employment:
  792         (a) If the individual is certified on or after July 1,
  793  2013, on the date the certificate is issued or upon termination
  794  of employment or service with a fire department.
  795         (b) If the individual is certified before July 1, 2013, on
  796  July 1, 2014, or upon termination of employment or service
  797  thereafter.
  798         (6) A certificate for a firefighter or volunteer
  799  firefighter expires if he or she fails to meet the requirements
  800  of this section.
  801         (7) The State Fire Marshal may deny, refuse to renew,
  802  suspend, or revoke the certificate of a firefighter or volunteer
  803  firefighter if the State Fire Marshal finds that any of the
  804  following grounds exists:
  805         (a) Any cause for which issuance of a certificate could
  806  have been denied if it had then existed and had been known to
  807  the division.
  808         (b) A violation of any provision of this chapter or any
  809  rule or order of the State Fire Marshal.
  810         (c) Falsification of a record relating to any certificate
  811  issued by the division.
  812         Section 22. Subsections (1) and (2) of section 633.426,
  813  Florida Statutes, are amended to read:
  814         633.426 Disciplinary action; standards for revocation of
  815  certification.—
  816         (1) For purposes of this section, the term:
  817         (a) “Certificate” means any of the certificates issued
  818  under s. 633.406.
  819         (b) “Certification” or “certified” means the act of holding
  820  a certificate that is current and valid and that meets the
  821  requirements for renewal of certification pursuant to this
  822  chapter and the rules adopted under this chapter certificate.
  823         (c) “Convicted” means a finding of guilt, or the acceptance
  824  of a plea of guilty or nolo contendere, in any federal or state
  825  court or a court in any other country, without regard to whether
  826  a judgment of conviction has been entered by the court having
  827  jurisdiction of the case.
  828         (2) Effective July 1, 2013, an individual who holds a
  829  certificate is subject to revocation for any of the following An
  830  individual is ineligible to apply for certification if the
  831  individual has, at any time, been:
  832         (a) Conviction Convicted of a misdemeanor relating to the
  833  certification or to perjury or false statements.
  834         (b) Conviction Convicted of a felony or a crime punishable
  835  by imprisonment of 1 year or more under the law of the United
  836  States or of any state thereof, or under the law of any other
  837  country.
  838         (c) Dishonorable discharge Dishonorably discharged from any
  839  of the Armed Forces of the United States.
  840         Section 23. This act shall take effect July 1, 2016.