Florida Senate - 2017 COMMITTEE AMENDMENT
Bill No. SB 986
Ì722534!Î722534
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/14/2017 .
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The Committee on Banking and Insurance (Stargel) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 243 - 1246
4 and insert:
5 or
6 2. Locked out and tagged out in accordance with the
7 Occupational Safety and Health Administration’s standard
8 relating to the control of hazardous energy and lockout or
9 tagout in 29 C.F.R. s. 1910.147, as adopted by rule of the
10 department.
11 (9)(2) “Public assembly locations” includes include
12 schools, day care centers, community centers, churches,
13 theaters, hospitals, nursing and convalescent homes, stadiums,
14 amusement parks, and other locations open to the general public.
15 (5)(3) “Certificate inspection” means an inspection whose
16 the report of which is used by the chief boiler inspector to
17 determine whether or not a certificate of operation may be
18 issued.
19 (7)(4) “Certificate of operation compliance” means a
20 document issued to the owner of a boiler which authorizes the
21 owner to operate the boiler, subject to any restrictions
22 endorsed thereon.
23 (6)(5) “Certificate of competency” means a document issued
24 to a person who has satisfied the minimum competency
25 requirements for boiler inspectors under this chapter ss.
26 554.1011-554.115.
27 (8)(6) “Department” means the Department of Financial
28 Services.
29 (1)(7) “A.S.M.E.” means the American Society of Mechanical
30 Engineers.
31 (2) “Authorized inspection agency” means:
32 (a) Any county, municipality, town, or other governmental
33 subdivision that has adopted into law the Boiler and Pressure
34 Vessel Code of the A.S.M.E. and the National Board Inspection
35 Code for the construction, installation, inspection,
36 maintenance, and repair of boilers to regulate boilers in public
37 assembly locations, and whose boiler inspectors hold valid
38 certificates of competency in accordance with s. 554.104;
39 (b) An insurer authorized by a subsisting certificate of
40 authority, issued by the Office of Insurance Regulation, to
41 transact boiler and machinery insurance in this state, and whose
42 boiler inspectors hold valid certificates of competency in
43 accordance with s. 554.104; or
44 (c) An inspecting agency accredited in accordance with The
45 National Board of Boiler and Pressure Vessel Inspector’s program
46 entitled “Accreditation of Authorized Inspection Agencies (AIA)
47 Performing Inservice or Repair/Alteration Inspection
48 Activities,” document number NB-369, and whose boiler inspectors
49 hold valid certificates of competency in accordance with s.
50 554.104.
51 (4) “Boiler insurance company” means a company authorized
52 by a subsisting certificate of authority, issued by the Office
53 of Insurance Regulation, to transact boiler and machinery
54 insurance in this state.
55 Section 4. Section 554.103, Florida Statutes, is amended to
56 read:
57 554.103 Boiler code.—The department shall adopt by rule a
58 State Boiler Code for the safe construction, installation,
59 inspection, maintenance, and repair of boilers in this state.
60 The rules adopted shall be based upon and shall at all times
61 follow generally accepted nationwide engineering standards,
62 formulas, and practices pertaining to boiler construction and
63 safety.
64 (1) The department shall adopt an existing code for new
65 construction and installation known as the Boiler and Pressure
66 Vessel Code of the American Society of Mechanical Engineers,
67 including all amendments and interpretations approved thereto by
68 the Council on Codes and Standards of A.S.M.E. The department
69 may adopt amendments and interpretations to the A.S.M.E. Boiler
70 and Pressure Vessel Code approved by the A.S.M.E. Council on
71 Codes and Standards subsequent to the adoption of the State
72 Boiler Code, and when so adopted by the department, such
73 amendments and interpretations shall become a part of the State
74 Boiler Code.
75 (2) The installer owner of any boiler placed in use in this
76 state after January 1, 2018, must, before installing the boiler,
77 apply on a form adopted by rule of the department for a permit
78 to install the boiler from the chief boiler inspector. The
79 application must include the boiler’s A.S.M.E. manufacturer’s
80 data report and other documents required by the State Boiler
81 Code before the boiler is placed in service. The installer must
82 contact the chief boiler inspector to schedule an inspection for
83 each boiler no later than 7 days before the boiler is placed in
84 service after October 1, 1987, shall submit the A.S.M.E.
85 manufacturer’s data report on such boiler to the chief inspector
86 not more than 90 days following the inservice date of the
87 boiler.
88 (3) The maximum allowable working pressure of a boiler
89 carrying the A.S.M.E. code symbol must shall be determined by
90 the applicable sections of the code under which it was
91 constructed and stamped. Subject to the concurrence of the chief
92 boiler inspector, such boiler may be rerated in accordance with
93 the standards of the State Boiler Code.
94 (4) The maximum allowable working pressure of a boiler that
95 which does not carry the A.S.M.E. code symbol must shall be
96 computed in accordance with the standards of the State Boiler
97 Code.
98 (5) This chapter may not Nothing in ss. 554.1011-554.115
99 shall be construed to in any way prevent the use, sale, or
100 reinstallation of a boiler if such boiler has been made to
101 conform to the applicable provisions of the State Boiler Code
102 governing existing installations and if, upon inspection, the
103 boiler has been found to be in a safe condition.
104 (6) The department, at its discretion, may authorize the
105 construction, installation, and operation of boilers of special
106 design or construction which do not meet the specific
107 requirements of the State Boiler Code, but which are consistent
108 with the intent of the safety objectives of the code.
109 (7) The department may adopt rules pursuant to ss.
110 120.536(1) and 120.54 to administer this chapter. Such rules may
111 include specifying the procedures and forms to be used to obtain
112 an installation permit, an initial certificate, or a renewal
113 certificate, and the submission of reports and notices required
114 under this chapter.
115 Section 5. Section 554.104, Florida Statutes, is amended to
116 read:
117 554.104 Certification of boiler inspectors required;
118 application; qualifications; renewal Boilers of special design.
119 The department, at its discretion, may authorize the
120 construction, installation, and operation of boilers of special
121 design or construction that do not meet the specific
122 requirements of the State Boiler Code but are not inconsistent
123 with the intent of the safety objectives of such code.
124 (1) CERTIFICATE REQUIRED.—A person may not be, act as, or
125 advertise or hold himself or herself out to be an inspector of a
126 boiler that is subject to regulation by this chapter, unless he
127 or she currently holds a certificate of competency issued by the
128 department.
129 (2) APPLICATION.—A person who desires to be certified to
130 inspect boilers that are subject to regulation by this chapter
131 must apply in writing to the department to take the
132 certification examination.
133 (3) QUALIFICATIONS.—A person is qualified to take the
134 certification examination if the person:
135 (a) Has submitted the application for examination together
136 with the fee required under s. 554.111(1)(a);
137 (b) Is at least 18 years of age;
138 (c) Has completed the 2-hour training course under
139 subsection (4) on the requirements of this chapter and any
140 related rules adopted by the department. The course must be
141 completed no later than 12 months before issuance of an initial
142 or renewal certificate; and
143 (d) Has:
144 1. At least 3 years of experience in the construction,
145 installation, inspection, operation, maintenance, or repair of
146 high pressure, high temperature water boilers; or
147 2. Met the requirements to qualify as a commissioned
148 inspector by the National Board of Boiler and Pressure Vessel
149 Inspectors as set forth in NB-263, RCI-1, Rules for Commissioned
150 Inspectors, as adopted by rule of the department.
151 (4) TRAINING COURSE.—The department shall adopt by rule a
152 2-hour training course on the requirements of this chapter and
153 any related rules adopted by the department. The department
154 shall make the training course available online and may make the
155 course available in a classroom setting. A boiler insurance
156 company may include the department’s course as part of its in
157 house training of a boiler inspector student, in lieu of the
158 student taking the online training course. A boiler insurance
159 company that includes the department’s course in its in-house
160 training of a boiler inspector student must indicate that the
161 student completed the training on an application filed with the
162 department for certification of competency.
163 (5) EXAMINATION.—A person applying for a certificate of
164 competency must have successfully passed the examination
165 administered by the National Board of Boiler and Pressure Vessel
166 Inspectors and be eligible to obtain a National Board
167 commission.
168 (6) ISSUANCE OF CERTIFICATE.—The chief boiler inspector
169 must issue a certificate of competency to each person who is
170 qualified under this section and who holds a commission from the
171 National Board of Boiler and Pressure Vessel Inspectors.
172 (7) RENEWAL OF CERTIFICATE.—A certificate of competency
173 expires on December 31 of each year and may be renewed upon the
174 filing of a renewal application with the department. A secured
175 electronic application must be used, if available on the
176 department’s website.
177 (8) RULES.—The department may adopt rules necessary to
178 administer this section.
179 Section 6. Section 554.105, Florida Statutes, is amended to
180 read:
181 554.105 Chief boiler inspector.—
182 (1) The Chief Financial Officer shall appoint a chief
183 boiler inspector, who must have at least shall have not less
184 than 5 years’ experience in the construction, installation,
185 inspection, operation, maintenance, or repair of high pressure,
186 high temperature water boilers and who must shall hold a
187 commission from the National Board of Boiler and Pressure Vessel
188 Inspectors or a certificate of competency from the department.
189 (2) The department, through the chief boiler inspector,
190 shall administer the state boiler inspection program, and shall:
191 (a) Take all action necessary to enforce the State Boiler
192 Code and the rules adopted pursuant to this chapter ss.
193 554.1011-554.115.
194 (b) Keep a complete record on all boilers at public
195 assembly locations. Such record must shall include the name of
196 each boiler owner or user and the location, type, dimensions,
197 maximum allowable working pressure, age, and last recorded
198 inspection of each boiler, and any other information necessary
199 to expedite the certification process.
200 (c) Publish and make available to anyone, upon request,
201 copies of the rules adopted pursuant to ss. 554.1011-554.115.
202 (d) Expend funds necessary to meet the expenses authorized
203 by this chapter ss. 554.1011-554.115, including the necessary
204 travel expenses of the chief boiler inspector and deputy boiler
205 inspectors, and the expenses incident to the maintenance of this
206 his or her office.
207 Section 7. Section 554.106, Florida Statutes, is amended to
208 read:
209 554.106 Deputy boiler inspectors.—
210 (1) The department shall employ deputy boiler inspectors
211 who shall be responsible to the chief boiler inspector and who
212 shall each hold a certificate of competency from the department.
213 (2) A deputy boiler inspector shall perform inspections of
214 uninsured boilers that are subject to regulation under this
215 chapter, in accordance with the inspection frequency set forth
216 in s. 554.108. A deputy boiler inspector may also engage in
217 public outreach activities of the department and conduct other
218 duties as assigned by the chief boiler inspector.
219 Section 8. Section 554.107, Florida Statutes, is amended to
220 read:
221 554.107 Special boiler inspectors.—
222 (1) Upon application by any authorized inspection agency
223 company licensed to insure boilers in this state, the chief
224 boiler inspector shall issue a certificate of competency as a
225 special boiler inspector to any inspector employed by the
226 authorized inspection agency company, if provided that such
227 boiler inspector satisfies the competency requirements for
228 inspectors as provided in s. 554.104 s. 554.113. Special boiler
229 inspectors shall perform inspections of insured boilers in
230 accordance with the inspection frequency set forth in s.
231 554.108.
232 (2) The certificate of competency of a special boiler
233 inspector remains shall remain in effect only so long as the
234 special boiler inspector is employed by an authorized inspection
235 agency a company licensed to insure boilers in this state. Upon
236 termination of employment with such company, such company a
237 special inspector shall, in writing, notify the chief boiler
238 inspector of such special boiler inspector’s termination. Such
239 notice must shall be given within 15 days following the date of
240 termination.
241 Section 9. Subsections (1), (2), (4), and (5) of section
242 554.108, Florida Statutes, are amended, and subsection (6) is
243 added to that section, to read:
244 554.108 Inspection.—
245 (1) The inspection requirements of this chapter apply only
246 to boilers located in public assembly locations. A potable hot
247 water supply boiler with a heat input of 200,000 British thermal
248 units (Btu) per hour and above, up to a heat input not exceeding
249 400,000 Btu per hour, is exempt from inspection, but must be
250 stamped with the A.S.M.E. code symbol “HLW” and the boiler’s
251 A.S.M.E data report must be filed as required under s.
252 554.103(2) The only boilers required to be inspected under the
253 provisions of ss. 554.1011-554.115 are boilers located in public
254 assembly locations.
255 (2) Each inspection of a boiler conducted pursuant to this
256 chapter must ss. 554.1011-554.115 shall be made by the chief
257 boiler inspector, a deputy boiler inspector, or a special boiler
258 inspector. An owner, or the owner’s designee, shall perform all
259 operation, testing, manipulation of boiler controls and safety
260 devices, removal of lagging, and disassembly of boiler
261 components to allow the chief boiler inspector, deputy boiler
262 inspector, or special boiler inspector to conduct inspections as
263 required by this section.
264 (4) Each boiler subject to inspection must be inspected
265 within 30 days after expiration of the boiler’s certificate of
266 operation. However, an inspection report must be received by the
267 chief boiler inspector no later than 30 days after the projected
268 expiration date of the certificate of operation. If, upon
269 inspection, the chief boiler inspector, deputy boiler inspector,
270 or special boiler inspector finds that a boiler is in violation
271 of any provision of the State Boiler Code, the inspector must
272 promptly notify the owner or user and state what repairs or
273 other corrective measures are needed. Deputy boiler inspectors
274 and special boiler inspectors shall file a written report, on a
275 form adopted by rule of the department, on each certificate
276 inspection with the chief boiler inspector within 15 days after
277 the following such inspection. A certificate inspection report
278 must list all violations of the State Boiler Code and any
279 conditions that may adversely affect the operation of the
280 boiler. A certificate inspection report filed by a special
281 boiler inspector must include the fee for issuance of a
282 certificate of operation as provided in s. 554.111(1)(c). The
283 filing of reports of inspections, other than statutorily
284 required certificate inspections, is are not required unless
285 such inspections disclose that a boiler is in an unsafe
286 condition. However, an inspection report must be filed for any
287 inspection performed on a boiler with a previously identified
288 code violation. The report must indicate whether the violation
289 has been corrected. The agency responsible for conducting the
290 inspection must perform followup inspections, not more than
291 every 4 months, of a previously identified code violation until
292 it is corrected. Failure to conduct such followup inspections
293 subjects the insurance carrier to the penalties provided in s.
294 554.114(4).
295 (5) Upon a determination by the chief boiler inspector
296 determining that a boiler cannot be safely operated, is in an
297 unsafe condition and poses an imminent danger to the public
298 health, safety, and welfare, the chief inspector, a deputy
299 inspector, or a special inspector may immediately order the
300 boiler must immediately to be shut down. The chief boiler
301 inspector or a deputy boiler inspector shall attach a tag to the
302 boiler indicating that the boiler has been shut down due to an
303 unsafe condition. The boiler must shall remain shut down until a
304 reinspection by the chief boiler inspector or a deputy boiler a
305 certified inspector determines that all violations have been
306 corrected, that the boiler may be operated safely, and that a
307 certificate of compliance has been issued. A boiler that may not
308 be safely operated, as determined by the chief boiler inspector,
309 is deemed to constitute an imminent danger to the public health,
310 safety, and welfare.
311 (6) The department may adopt rules necessary to administer
312 this section.
313 Section 10. Section 554.1081, Florida Statutes, is created
314 to read:
315 554.1081 Boiler inspections by insurance companies and
316 local governmental agencies.—
317 (1) An insurance company insuring a boiler located in a
318 public assembly location in this state shall inspect, or shall
319 contract with an authorized inspection agency to inspect, the
320 insured boiler. A boiler insurance company shall annually report
321 to the department the name of any authorized inspection agency
322 performing any required boiler inspections on its behalf and
323 shall actively monitor insured boilers to ensure that
324 inspections are conducted as required by this chapter.
325 (2) A county, municipality, town, or other governmental
326 subdivision that has adopted into law the Boiler and Pressure
327 Vessel Code of the A.S.M.E. and the National Board Inspection
328 Code for the construction, installation, inspection,
329 maintenance, and repair of boilers to regulate boilers in public
330 assembly locations may inspect such boilers. All boiler
331 inspections must be conducted by special boiler inspectors in
332 accordance with this chapter.
333 Section 11. Section 554.109, Florida Statutes, is amended
334 to read:
335 554.109 Exemptions.—
336 (1) Any insurance company insuring a boiler located in a
337 public assembly location in this state shall inspect such boiler
338 so insured, and any county, city, town, or other governmental
339 subdivision which has adopted into law the Boiler and Pressure
340 Vessel Code of the American Society of Mechanical Engineers and
341 the National Board Inspection Code for the construction,
342 installation, inspection, maintenance, and repair of boilers,
343 regulating such boilers in public assembly locations, shall
344 inspect such boilers so regulated; provided that such inspection
345 shall be conducted by a special inspector licensed pursuant to
346 ss. 554.1011-554.115. Upon filing of a report of satisfactory
347 inspection with the department, such boiler is exempt from
348 inspection by the department.
349 (2) The provisions of This chapter does shall not apply to
350 potable hot water supply boilers or lined storage water heaters
351 that which are directly fired with oil, gas, electricity, or
352 solar energy, provided that none of the following limitations is
353 are exceeded:
354 (1)(a) Heat input of 400,000 Btu per hour.
355 (2)(b) Water temperature of 210 degrees Fahrenheit.
356 (3)(c) Nominal water-containing capacity of 120 gallons.
357
358 These exempt hot water supply boilers and lined storage water
359 heaters shall be equipped with safety relief valves conforming
360 to the requirements of the Boiler and Pressure Vessel Code of
361 the American Society of Mechanical Engineers and of the National
362 Board Inspection Code.
363 Section 12. Section 554.1101, Florida Statutes, is amended
364 to read:
365 554.1101 Certificate of operation compliance.—
366 (1) If an inspection report filed pursuant to s. 554.108
367 shows a boiler to be in compliance with all applicable
368 provisions of the State Boiler Code, the chief boiler inspector
369 must shall, upon receipt of the inspection fee, issue a
370 certificate of operation compliance to the owner. Such
371 certificate must shall bear the date of the inspection and
372 specify the maximum pressure at which the boiler may be
373 operated.
374 (2) The certificate for a power boiler or a high pressure,
375 high temperature water boiler is valid for a period of 12 months
376 from the date of the certificate inspection. The certificate for
377 a heating boiler or a hot water supply boiler is valid for a
378 period of 24 months from the date of the certificate inspection.
379 The certificate must shall be posted under glass, or be
380 similarly protected, in the room containing the boiler.
381 (3) A boiler insurance company shall notify the chief
382 boiler inspector within 30 days after the issuance of a new or
383 renewal boiler and machinery insurance policy, or the
384 cancellation or nonrenewal of a boiler and machinery insurance
385 policy, covering places of public assembly in this state.
386 (4) If the chief boiler inspector has knowledge that a
387 boiler regulated under this chapter was covered by a boiler and
388 machinery insurance policy after its most recent certification
389 inspection, the certificateholder must, upon the request of the
390 chief boiler inspector, submit its certificate of boiler and
391 machinery insurance for the boiler if the department has not
392 received the special boiler inspector’s annual inspection report
393 within 30 days after its due date.
394 Section 13. Section 554.111, Florida Statutes, is amended
395 to read:
396 554.111 Fees.—
397 (1) The department shall charge the following fees:
398 (a) For an applicant for a certificate of competency, the
399 initial application fee shall be $50, and the annual renewal fee
400 shall be $30. The fee for examination shall be $50.
401 (b) For certificate inspections conducted by the
402 department:
403 1. For power boilers and high pressure, high temperature
404 water boilers of:
405 4,000 square feet or less heating surface....................$60
406 More than 4,000 square feet heating surface and less than 10,000
407 square feet of heating surface...............................$70
408 10,000 square feet or more heating surface...................$90
409 2. For heating boilers:
410 Without a manhole............................................$40
411 With a manhole...............................................$70
412 3. For hot water supply boilers.......................$40
413 (c) For issuance of a compliance certificate of operation
414 without a department inspection..............................$30
415 (d) Duplicate certificates or address
416 changes.......................................................$5
417 (e) An application for a boiler permit must include the
418 applicable certificate inspection fee provided in paragraph (b).
419 (2) Not more than an amount equal to one certificate
420 inspection fee may shall be charged or collected for any and all
421 boiler inspections in any inspection period, except as otherwise
422 provided in this chapter ss. 554.1011-554.115.
423 (a) When it is necessary to make a special trip to observe
424 the application of a hydrostatic test, an additional fee equal
425 to the fee for a certificate inspection of the boiler must shall
426 be charged.
427 (b) All other inspections, including shop inspections,
428 surveys, and inspections of secondhand boilers made by the chief
429 boiler inspector or a deputy boiler inspector, must shall be
430 charged at the rate of not less than $270 for one-half day of 4
431 hours, and $500 for 1 full day of 8 hours, plus travel, hotel,
432 and incidental expenses in accordance with chapter 112.
433 (3) The chief boiler inspector shall deposit all fees or
434 fines received pursuant to this chapter ss. 554.1011-554.115
435 into the Insurance Regulatory Trust Fund.
436 Section 14. Sections 554.112 and 554.113, Florida Statutes,
437 are repealed.
438 Section 15. Section 554.114, Florida Statutes, is amended
439 to read:
440 554.114 Prohibitions; penalties.—
441 (1) A person may not:
442 (a) Operate a boiler at a public assembly location without
443 a valid certificate of operation compliance for that boiler;
444 (b) Give false or forged information to the department or
445 an inspector for the purpose of obtaining a certificate of
446 compliance;
447 (c) Use a certificate of operation compliance for any
448 boiler other than for the boiler for which it was issued;
449 (c)(d) Operate a boiler for which the certificate of
450 operation compliance has been suspended, revoked, or not
451 renewed;
452 (e) Give false or forged information to the department for
453 the purpose of obtaining a certificate of competence; or
454 (d)(f) Inspect any boiler regulated under this chapter the
455 provisions of ss. 554.1011-554.115 without having a valid
456 certificate of competency.
457 (2) A boiler insurance company that fails to inspect or to
458 have inspected, in accordance with this chapter, any boiler
459 insured by the company and regulated under this chapter is
460 subject to the penalties provided in subsection (4) Any person
461 who violates this section is guilty of a misdemeanor of the
462 second degree, punishable by fine as provided in s. 775.083.
463 (3) An authorized inspection agency that is under contract
464 with a boiler insurance company and that fails to inspect, in
465 accordance with this chapter, any boiler insured by the company
466 and regulated under this chapter is subject to the penalties
467 provided in subsection (4).
468 (4) A boiler insurance company, authorized inspection
469 agency, or other person in violation of this section for more
470 than 30 days shall pay a fine of $10 per day for the first 10
471 days of noncompliance, $50 per day for the subsequent 20 days of
472 noncompliance, and $100 per day for each subsequent day over 20
473 days of noncompliance.
474 Section 16. Section 554.115, Florida Statutes, is amended
475 to read:
476 554.115 Disciplinary proceedings.—
477 (1) The department may deny, refuse to renew, suspend, or
478 revoke a certificate of operation compliance upon proof that:
479 (a) The certificate has been obtained by fraud or
480 misrepresentation;
481 (b) The boiler for which the certificate was issued cannot
482 be operated safely; or
483 (c) The person who received the certificate willfully or
484 deliberately violated the State Boiler Code, this chapter, or
485 ss. 554.1011-554.115 or any other rule adopted pursuant to this
486 chapter; or ss. 554.1011-554.115.
487 (d) The owner of a boiler:
488 1. Operated a boiler at a public assembly location without
489 a valid certificate of operation for that boiler;
490 2. Used a certificate of operation for a boiler other than
491 the boiler for which the certificate of operation was issued;
492 3. Gave false or forged information to the department, to
493 an authorized inspection agency, or to another boiler inspector
494 for the purpose of obtaining a certificate of operation;
495 4. Operated a boiler after the certificate of operation for
496 the boiler expired, was not renewed, or was suspended or
497 revoked;
498 5. Operated a boiler that is in an unsafe condition; or
499 6. Operated a boiler in a manner that is contrary to the
500 requirements of this chapter or any rule adopted under this
501 chapter.
502 (2) The department may deny, refuse to renew, suspend, or
503 revoke a certificate of competency upon proof that:
504 (a) The certificate was obtained by fraud or
505 misrepresentation;
506 (b) The inspector to whom the certificate was issued is no
507 longer qualified under this chapter ss. 554.1011-554.115 to
508 inspect boilers; or
509 (c) The boiler inspector:
510 1. Operated a boiler at a public assembly location without
511 a valid certificate of compliance for that boiler;
512 2. Gave false or forged information to the department, an
513 authorized inspection agency, or to another boiler inspector for
514 the purpose of obtaining a certificate of operation; or
515 compliance;
516 3. Used a certificate of compliance for any boiler other
517 than the boiler for which it was issued;
518 4. Operated a boiler for which the certificate of
519 compliance has been suspended or revoked or has expired;
520 2.5. Inspected any boiler regulated under this chapter ss.
521 554.1011-554.115 without having obtained a valid certificate of
522 competency.;
523 6. Operated a boiler that is in an unsafe condition; or
524 7. Operated a boiler in a manner that is contrary to the
525 requirements of this chapter or any rule adopted under this
526 chapter.
527 (3) Each suspension of a certificate of operation
528 compliance or certificate of competency shall continue in effect
529 until all violations have been corrected and, for boiler safety
530 violations, until the boiler has been inspected by an authorized
531 inspector and shown to be in a safe working condition.
532 (4) A person in violation of this section who does not have
533 a valid certificate of competency shall be reported by the chief
534 inspector to the appropriate state attorney.
535 (5) A person in violation of this section who has a valid
536 certificate of competency is subject to administrative action by
537 the chief inspector.
538 (4)(6) A revocation of a certificate of competency is
539 permanent, and a revoked certificate of competency may not be
540 reinstated or a new certificate of competency issued to the same
541 person. A suspension of a certificate of competency continues in
542 effect until all violations have been corrected. A suspension of
543 a certificate of compliance for any boiler safety violation
544 continues in effect until the boiler has been inspected by an
545 authorized inspector and shown to be in safe working condition.
546 Section 17. Section 554.1151, Florida Statutes, is created
547 to read:
548 554.1151 Administrative fine in lieu of or in addition to
549 suspension, revocation, or refusal to renew a certificate of
550 operation or competency.—
551 (1) If the department finds that one or more grounds exist
552 for the suspension, revocation, or refusal to renew any
553 certificate of operation or certificate of competency issued
554 under this chapter, the department may, in its discretion, in
555 lieu of or in addition to suspension or revocation or in lieu of
556 refusal to renew, impose upon the certificateholder an
557 administrative penalty in an amount up to $500, or, if the
558 department has found willful misconduct or willful violation on
559 the part of the certificateholder, in an amount up to $3,500.
560 (2) The department may allow the certificateholder a
561 reasonable period, no more than 30 days, within which to pay to
562 the department the amount of the penalty so imposed. If the
563 certificateholder fails to pay the penalty in its entirety to
564 the department within the period so allowed, the certificate of
565 that person must be suspended until the penalty is paid. If the
566 certificateholder fails to pay the penalty in its entirety to
567 the department within 90 days after the period so allowed, the
568 certificate of that person must be revoked.
569 Section 18. Section 554.116, Florida Statutes, is created
570 to read:
571 554.116 Report on insured losses.—A boiler insurance
572 company that insures any boiler in this state must annually file
573 a report with the chief boiler inspector, within 30 days after
574 the end of the previous calendar year, regarding claims paid by
575 the insurer under policies insuring boilers in this state. The
576 report must include the type of establishment in which the
577 boiler was located, the location of the establishment, the
578 amount of the loss, the apparent cause of the loss, and any
579 other information that the department determines is not
580 inconsistent with the intent of the safety objectives of the
581 State Boiler Code. The department shall adopt a form by rule for
582 submission of the report.
583 Section 19. Subsection (7) of section 624.307, Florida
584 Statutes, is amended to read:
585 624.307 General powers; duties.—
586 (7) The department and office, within existing resources,
587 may expend funds for the professional development of its
588 employees, including, but not limited to, professional dues for
589 employees who are required to be members of professional
590 organizations; examinations leading to professional designations
591 required for employment with the office; training courses and
592 examinations provided through, and to ensure compliance with,
593 the National Association of Insurance Commissioners; or other
594 training courses related to the regulation of insurance.
595 Section 20. Present subsections (1), (2), and (3) and (4)
596 through (19) of section 626.015, Florida Statutes, are
597 redesignated as subsections (2), (3), and (4) and (6) through
598 (21), respectively, present subsection (8) is amended, and new
599 subsections (1) and (5) are added to that section, to read:
600 626.015 Definitions.—As used in this part:
601 (1) “Active participant” means a member in good standing of
602 an association who attends 4 or more hours of association
603 meetings every year, not including any department-approved
604 continuing education course.
605 (5) “Association” includes the Florida Association of
606 Insurance Agents (FAIA), the National Association of Insurance
607 and Financial Advisors (NAIFA), the Florida Association of
608 Health Underwriters (FAHU), the Latin American Association of
609 Insurance Agencies (LAAIA), the Florida Association of Public
610 Insurance Adjusters (FAPIA), the Florida Bail Agents Association
611 (FBAA), or the Professional Bail Agents of the United States
612 (PBUS).
613 (10)(8) “Insurance agency” means a business location at
614 which an individual, firm, partnership, corporation,
615 association, or other entity, other than an employee of the
616 individual, firm, partnership, corporation, association, or
617 other entity and other than an insurer as defined by s. 624.03
618 or an adjuster as defined by subsection (2) (1), engages in any
619 activity or employs individuals to engage in any activity which
620 by law may be performed only by a licensed insurance agent.
621 Section 21. Section 626.207, Florida Statutes, is amended
622 to read:
623 626.207 Disqualification of applicants and licensees;
624 penalties against licensees; rulemaking authority.—
625 (1) For purposes of this section, the term or terms:
626 (a) “Applicant” means an individual applying for licensure
627 or relicensure under this chapter, and an officer, director,
628 majority owner, partner, manager, or other person who manages or
629 controls an entity applying for licensure or relicensure under
630 this chapter.
631 (c) “Financial services business” means any financial
632 activity regulated by the Department of Financial Services, the
633 Office of Insurance Regulation, or the Office of Financial
634 Regulation.
635 (b)(2) For purposes of this section, the terms “Felony of
636 the first degree” and “capital felony” include all felonies
637 designated as such by the Florida Statutes, as well as any
638 felony so designated in the jurisdiction in which the plea is
639 entered or judgment is rendered.
640 (2)(3) An applicant who has been found guilty of or has
641 pleaded guilty or nolo contendere to any of the following
642 crimes, regardless of adjudication, is permanently barred from
643 licensure under this chapter: commits
644 (a) A felony of the first degree;
645 (b) A capital felony;
646 (c) A felony involving money laundering;, fraud, or
647 (d) A felony embezzlement; or
648 (e) A felony directly related to the financial services
649 business is permanently barred from applying for a license under
650 this part. This bar applies to convictions, guilty pleas, or
651 nolo contendere pleas, regardless of adjudication, by any
652 applicant, officer, director, majority owner, partner, manager,
653 or other person who manages or controls any applicant.
654 (3)(4) An applicant who has been found guilty of or has
655 pleaded guilty or nolo contendere to a crime For all other
656 crimes not included in subsection (2), regardless of
657 adjudication, is subject to (3), the department shall adopt
658 rules establishing the process and application of disqualifying
659 periods that include:
660 (a) A 15-year disqualifying period for all felonies
661 involving moral turpitude which that are not specifically
662 included in the permanent bar contained in subsection (2) (3).
663 (b) A 7-year disqualifying period for all felonies to which
664 neither the permanent bar in subsection (2) (3) nor the 15-year
665 disqualifying period in paragraph (a) applies.
666 (c) A 7-year disqualifying period for all misdemeanors
667 directly related to the financial services business.
668 (4)(5) The department shall adopt rules to administer this
669 section. The rules must provide providing for additional
670 disqualifying periods due to the commitment of multiple crimes
671 and may include other factors reasonably related to the
672 applicant’s criminal history. The rules shall provide for
673 mitigating and aggravating factors. However, mitigation may not
674 result in a period of disqualification of less than 7 years and
675 may not mitigate the disqualifying periods in paragraphs (3)(b)
676 and (c) (4)(b) and (c).
677 (5)(6) For purposes of this section, the disqualifying
678 periods begin upon the applicant’s final release from
679 supervision or upon completion of the applicant’s criminal
680 sentence, including payment of fines, restitution, and court
681 costs for the crime for which the disqualifying period applies.
682 The department may not issue a license to an applicant unless
683 all related fines, court costs and fees, and court-ordered
684 restitution have been paid.
685 (6)(7) After the disqualifying period has expired been met,
686 the burden is on the applicant to demonstrate that the applicant
687 has been rehabilitated, does not pose a risk to the insurance
688 buying public, is fit and trustworthy to engage in the business
689 of insurance pursuant to s. 626.611(1)(g), and is otherwise
690 qualified for licensure.
691 (7) Notwithstanding subsections (2) and (3), upon a grant
692 of a pardon or the restoration of civil rights pursuant to
693 chapter 940 and s. 8, Art. IV of the State Constitution with
694 respect to a finding of guilt or a plea under subsection (2) or
695 subsection (3), such finding or plea no longer bars or
696 disqualifies the applicant from licensure under this chapter
697 unless the clemency specifically excludes licensure in the
698 financial services business; however, a pardon or restoration of
699 civil rights does not require the department to award such
700 license.
701 (8) The department shall adopt rules establishing specific
702 penalties against licensees in accordance with ss. 626.641 and
703 626.651 for violations of s. 626.611, s. 626.621, s. 626.8437,
704 s. 626.844, s. 626.935, s. 634.181, s. 634.191, s. 634.320, s.
705 634.321, s. 634.422, s. 634.423, s. 642.041, or s. 642.043. The
706 purpose of the revocation or suspension is to provide a
707 sufficient penalty to deter future violations of the Florida
708 Insurance Code. The imposition of a revocation or the length of
709 suspension shall be based on the type of conduct and the
710 probability that the propensity to commit further illegal
711 conduct has been overcome at the time of eligibility for
712 relicensure. The length of suspension may be adjusted based on
713 aggravating or mitigating factors, established by rule and
714 consistent with this purpose.
715 (9) Section 112.011 does not apply to any applicants for
716 licensure under the Florida Insurance Code, including, but not
717 limited to, agents, agencies, adjusters, adjusting firms,
718 customer representatives, or managing general agents.
719 Section 22. Section 626.9954, Florida Statutes, is amended
720 to read:
721 626.9954 Disqualification from registration.—
722 (1) As used in this section, the terms “felony of the first
723 degree” and “capital felony” include all felonies so designated
724 by the laws of this state, as well as any felony so designated
725 in the jurisdiction in which the plea is entered or judgment is
726 rendered.
727 (2) An applicant who has been found guilty of or has
728 pleaded guilty or nolo contendere to the following crimes,
729 regardless of adjudication, is permanently disqualified from
730 registration under this part: commits
731 (a) A felony of the first degree;
732 (b) A capital felony;
733 (c) A felony involving money laundering;, fraud, or
734 (d) A felony embezzlement; or
735 (e) A felony directly related to the financial services
736 business is permanently barred from applying for registration
737 under this part. This bar applies to convictions, guilty pleas,
738 or nolo contendere pleas, regardless of adjudication, by an
739 applicant.
740 (3) An applicant who has been found guilty of or has
741 pleaded guilty or nolo contendere to a crime For all other
742 crimes not described in subsection (2), regardless of
743 adjudication, is subject to the department may adopt rules
744 establishing the process and application of disqualifying
745 periods including:
746 (a) A 15-year disqualifying period for all felonies
747 involving moral turpitude which are not specifically included in
748 subsection (2).
749 (b) A 7-year disqualifying period for all felonies not
750 specifically included in subsection (2) or paragraph (a).
751 (c) A 7-year disqualifying period for all misdemeanors
752 directly related to the financial services business.
753 (4) The department may adopt rules to administer this
754 section. The rules must provide for providing additional
755 disqualifying periods due to the commitment of multiple crimes
756 and may include other factors reasonably related to the
757 applicant’s criminal history. The rules must provide for
758 mitigating and aggravating factors. However, mitigation may not
759 result in a disqualifying period of less than 7 years and may
760 not mitigate the disqualifying periods in paragraph (3)(b) or
761 paragraph (3)(c).
762 (5) For purposes of this section, the disqualifying periods
763 begin upon the applicant’s final release from supervision or
764 upon completion of the applicant’s criminal sentence, including
765 the payment of fines, restitution, and court costs for the crime
766 for which the disqualifying period applies. The department may
767 not issue a registration to an applicant unless all related
768 fines, court costs and fees, and court-ordered restitution have
769 been paid.
770 (6) After the disqualifying period has expired been met,
771 the burden is on the applicant to demonstrate to the
772 satisfaction of the department that he or she has been
773 rehabilitated and does not pose a risk to the insurance-buying
774 public and is otherwise qualified for registration.
775 (7) Notwithstanding subsections (2) and (3), upon a grant
776 of a pardon or the restoration of civil rights pursuant to
777 chapter 940 and s. 8, Art. IV of the State Constitution with
778 respect to a finding of guilt or a plea under subsection (2) or
779 subsection (3), such finding or plea no longer bars or
780 disqualifies the applicant from applying for registration under
781 this part unless the clemency specifically excludes licensure or
782 specifically excludes registration in the financial services
783 business; however, a pardon or restoration of civil rights does
784 not require the department to award such registration.
785 (8)(7) Section 112.011 does not apply to an applicant for
786 registration as a navigator.
787 Section 23. Paragraph (a) of subsection (3) of section
788 626.2815, Florida Statutes, is amended, and paragraph (j) is
789 added to that subsection, to read:
790 626.2815 Continuing education requirements.—
791 (3) Each licensee except a title insurance agent must
792 complete a 5-hour update course every 2 years which is specific
793 to the license held by the licensee. The course must be
794 developed and offered by providers and approved by the
795 department. The content of the course must address all lines of
796 insurance for which examination and licensure are required and
797 include the following subject areas: insurance law updates,
798 ethics for insurance professionals, disciplinary trends and case
799 studies, industry trends, premium discounts, determining
800 suitability of products and services, and other similar
801 insurance-related topics the department determines are relevant
802 to legally and ethically carrying out the responsibilities of
803 the license granted. A licensee who holds multiple insurance
804 licenses must complete an update course that is specific to at
805 least one of the licenses held. Except as otherwise specified,
806 any remaining required hours of continuing education are
807 elective and may consist of any continuing education course
808 approved by the department under this section.
809 (a) Except as provided in paragraphs (b), (c), (d), (e),
810 and (i), and (j), each licensee must also complete 19 hours of
811 elective continuing education courses every 2 years.
812 (j) For a licensee who is an active participant in an
813 association, 2 hours of elective continuing education credit per
814 calendar year may be approved by the department, if properly
815 reported by the association.
816 Section 24. Paragraph (n) of subsection (1) and subsection
817 (2) of section 626.611, Florida Statutes, are amended to read:
818 626.611 Grounds for compulsory refusal, suspension, or
819 revocation of agent’s, title agency’s, adjuster’s, customer
820 representative’s, service representative’s, or managing general
821 agent’s license or appointment.—
822 (1) The department shall deny an application for, suspend,
823 revoke, or refuse to renew or continue the license or
824 appointment of any applicant, agent, title agency, adjuster,
825 customer representative, service representative, or managing
826 general agent, and it shall suspend or revoke the eligibility to
827 hold a license or appointment of any such person, if it finds
828 that as to the applicant, licensee, or appointee any one or more
829 of the following applicable grounds exist:
830 (n) Having been found guilty of or having pleaded guilty or
831 nolo contendere to a felony or a crime punishable by
832 imprisonment of 1 year or more under the law of the United
833 States of America or of any state thereof or under the law of
834 any other country which involves moral turpitude, without regard
835 to whether a judgment of conviction has been entered by the
836 court having jurisdiction of such cases.
837 (2) The department shall, upon receipt of information or an
838 indictment, immediately temporarily suspend a license or
839 appointment issued under this chapter when the licensee is
840 charged with a felony enumerated in s. 626.207(2) s. 626.207(3).
841 Such suspension shall continue if the licensee is found guilty
842 of, or pleads guilty or nolo contendere to, the crime,
843 regardless of whether a judgment or conviction is entered,
844 during a pending appeal. A person may not transact insurance
845 business after suspension of his or her license or appointment.
846 Section 25. Subsection (8) of section 626.621, Florida
847 Statutes, is amended, and a new subsection (15) is added to that
848 section, to read:
849 626.621 Grounds for discretionary refusal, suspension, or
850 revocation of agent’s, adjuster’s, customer representative’s,
851 service representative’s, or managing general agent’s license or
852 appointment.—The department may, in its discretion, deny an
853 application for, suspend, revoke, or refuse to renew or continue
854 the license or appointment of any applicant, agent, adjuster,
855 customer representative, service representative, or managing
856 general agent, and it may suspend or revoke the eligibility to
857 hold a license or appointment of any such person, if it finds
858 that as to the applicant, licensee, or appointee any one or more
859 of the following applicable grounds exist under circumstances
860 for which such denial, suspension, revocation, or refusal is not
861 mandatory under s. 626.611:
862 (8) Having been found guilty of or having pleaded guilty or
863 nolo contendere to a felony or a crime punishable by
864 imprisonment of 1 year or more under the law of the United
865 States of America or of any state thereof or under the law of
866 any other country, without regard to whether a judgment of
867 conviction has been entered by the court having jurisdiction of
868 such cases.
869 (15) Denial, suspension, or revocation of, or any other
870 adverse administrative action against, a license to practice or
871 conduct any regulated profession, business, or vocation by this
872 state, any other state, any nation, any possession or district
873 of the United States, any court, or any lawful agency thereof.
874 Section 26. Subsection (2) of section 626.7845, Florida
875 Statutes, is amended to read:
876 626.7845 Prohibition against unlicensed transaction of life
877 insurance.—
878 (2) Except as provided in s. 626.112(6), with respect to
879 any line of authority specified in s. 626.015(12) s.
880 626.015(10), an no individual may not shall, unless licensed as
881 a life agent:
882 (a) Solicit insurance or annuities or procure applications;
883 (b) In this state, engage or hold himself or herself out as
884 engaging in the business of analyzing or abstracting insurance
885 policies or of counseling or advising or giving opinions to
886 persons relative to insurance or insurance contracts, unless the
887 individual is other than:
888 1. As A consulting actuary advising insurers an insurer; or
889 2. An employee As to the counseling and advising of a labor
890 union, association, employer, or other business entity labor
891 unions, associations, trustees, employers, or other business
892 entities, or the subsidiaries and affiliates of each, who
893 counsels and advises such entity or entities relative to their
894 interests and those of their members or employees under
895 insurance benefit plans; or
896 3. A trustee advising a settlor, a beneficiary, or a person
897 regarding his or her interests in a trust, relative to insurance
898 benefit plans; or
899 (c) In this state, from this state, or with a resident of
900 this state, offer or attempt to negotiate on behalf of another
901 person a viatical settlement contract as defined in s. 626.9911.
902 Section 27. Section 626.8305, Florida Statutes, is amended
903 to read:
904 626.8305 Prohibition against the unlicensed transaction of
905 health insurance.—Except as provided in s. 626.112(6), with
906 respect to any line of authority specified in s. 626.015(8) s.
907 626.015(6), an no individual may not shall, unless licensed as a
908 health agent:
909 (1) Solicit insurance or procure applications; or
910 (2) In this state, engage or hold himself or herself out as
911 engaging in the business of analyzing or abstracting insurance
912 policies or of counseling or advising or giving opinions to
913 persons relative to insurance contracts, unless the individual
914 is other than:
915 (a) As A consulting actuary advising insurers; or
916 (b) An employee As to the counseling and advising of a
917 labor union, association, employer, or other business entity
918 labor unions, associations, trustees, employers, or other
919 business entities, or the subsidiaries and affiliates of each,
920 who counsels and advises such entity or entities relative to
921 their interests and those of their members or employees under
922 insurance benefit plans; or.
923 (c) A trustee advising a settlor, a beneficiary, or a
924 person regarding his or her interests in a trust, relative to
925 insurance benefit plans.
926 Section 28. Subsection (1) of section 626.861, Florida
927 Statutes, is amended to read:
928 626.861 Insurer’s officers, insurer’s employees, reciprocal
929 insurer’s representatives; adjustments by.—
930 (1) This part may not Nothing in this part shall be
931 construed to prevent an executive officer of any insurer, or a
932 regularly salaried employee of an insurer handling claims with
933 respect to health insurance, a regular employee of an insurer
934 handling claims with respect to residential property when the
935 sublimit coverage does not exceed $500, or the duly designated
936 attorney or agent authorized and acting for subscribers to
937 reciprocal insurers, from adjusting any claim loss or damage
938 under any insurance contract of such insurer.
939 Section 29. Paragraph (c) of subsection (5) and subsection
940 (6) of section 626.9543, Florida Statutes, are amended to read:
941 626.9543 Holocaust victims.—
942 (5) PROOF OF A CLAIM.—Any insurer doing business in this
943 state, in receipt of a claim from a Holocaust victim or from a
944 beneficiary, descendant, or heir of a Holocaust victim, shall:
945 (c) Permit claims irrespective of any statute of
946 limitations or notice requirements imposed by any insurance
947 policy issued, provided the claim is submitted on or before July
948 1, 2018.
949 (6) STATUTE OF LIMITATIONS.—Notwithstanding any law or
950 agreement among the parties to an insurance policy to the
951 contrary, any action brought by Holocaust victims or by a
952 beneficiary, heir, or a descendant of a Holocaust victim seeking
953 proceeds of an insurance policy issued or in effect between 1920
954 and 1945, inclusive, may shall not be dismissed for failure to
955 comply with the applicable statute of limitations or laches
956 provided the action is commenced on or before July 1, 2018.
957 Section 30. Section 633.516, Florida Statutes, is amended
958 to read:
959 633.516 Studies of Division to make study of firefighter
960 employee occupational diseases of firefighters or persons in
961 other fire-related fields.—The division may contract for
962 studies, subject to the availability of funding, of shall make a
963 continuous study of firefighter employee occupational diseases
964 of firefighters or persons in other fire-related fields and the
965 ways and means for the their control and prevention of such
966 occupational diseases. When such a study or another study that
967 is wholly or partly funded under an agreement, including a
968 contract or grant, with the department tracks a disease of an
969 individual firefighter or a person in another fire-related
970 field, the division may, with associated security measures,
971 release the confidential information, including a social
972 security number, of that individual to a party who has entered
973 into an agreement with the department and shall adopt rules
974 necessary for such control and prevention. For this purpose, the
975 division is authorized to cooperate with firefighter employers,
976 firefighter employees, and insurers and with the Department of
977 Health.
978 Section 31. Paragraph (a) of subsection (6) and subsection
979 (7) of section 768.28, Florida Statutes, are amended to read:
980 768.28 Waiver of sovereign immunity in tort actions;
981 recovery limits; limitation on attorney fees; statute of
982 limitations; exclusions; indemnification; risk management
983 programs.—
984 (6)(a) An action may not be instituted on a claim against
985 the state or one of its agencies or subdivisions unless the
986 claimant presents the claim in writing to the appropriate
987 agency, and also, except as to any claim against a municipality,
988 county, or the Florida Space Authority, presents such claim in
989 writing to the Department of Financial Services, within 3 years
990 after such claim accrues and the Department of Financial
991 Services or the appropriate agency denies the claim in writing;
992 except that, if:
993 1. Such claim is for contribution pursuant to s. 768.31, it
994 must be so presented within 6 months after the judgment against
995 the tortfeasor seeking contribution has become final by lapse of
996 time for appeal or after appellate review or, if there is no
997 such judgment, within 6 months after the tortfeasor seeking
998 contribution has either discharged the common liability by
999 payment or agreed, while the action is pending against her or
1000 him, to discharge the common liability; or
1001 2. Such action is for wrongful death, the claimant must
1002 present the claim in writing to the Department of Financial
1003 Services within 2 years after the claim accrues.
1004 (7) In actions brought pursuant to this section, process
1005 shall be served upon the head of the agency concerned and also,
1006 except as to a defendant municipality, county, or the Florida
1007 Space Authority, upon the Department of
1008
1009 ================= T I T L E A M E N D M E N T ================
1010 And the title is amended as follows:
1011 Delete lines 21 - 156
1012 and insert:
1013 a boiler that is placed in use after a specified date;
1014 authorizing the department to adopt rules; conforming
1015 provisions to changes made by the act; amending s.
1016 554.104, F.S.; deleting a provision relating to
1017 boilers of special design which is recreated in s.
1018 554.103, F.S.; requiring certification of boiler
1019 inspectors; requiring an application for a
1020 certification examination; specifying qualifications
1021 and requirements for the certification examination;
1022 requiring the department to adopt a specified training
1023 course; providing authorized methods and requirements
1024 for the training course; requiring the chief boiler
1025 inspector to issue a certificate of competency to a
1026 person meeting certain requirements; providing
1027 procedures for renewing a certificate; authorizing the
1028 department to adopt rules; amending s. 554.105, F.S.;
1029 renaming the chief inspector as the chief boiler
1030 inspector; revising requirements for the department
1031 through the state boiler inspection program; amending
1032 s. 554.106, F.S.; renaming deputy inspectors as deputy
1033 boiler inspectors; specifying required and authorized
1034 duties of deputy boiler inspectors; amending s.
1035 554.107, F.S.; renaming special inspectors as special
1036 boiler inspectors; revising entities that may employ
1037 special boiler inspectors; specifying required
1038 inspection intervals for special boiler inspectors;
1039 amending s. 554.108, F.S.; providing an exemption,
1040 under certain conditions, from inspection
1041 requirements; specifying duties of an owner or an
1042 owner’s designee to allow an inspector to conduct
1043 inspections; specifying requirements for boiler
1044 inspections and inspection reports; providing a
1045 penalty against an insurance carrier if certain
1046 followup inspections are not conducted; revising
1047 conditions that require a boiler to be shut down;
1048 revising requirements and procedures for a boiler that
1049 must be shut down; providing construction; authorizing
1050 the department to adopt rules; creating s. 554.1081,
1051 F.S.; revising requirements for boiler inspections by
1052 insurance companies and local governmental agencies;
1053 amending s. 554.109, F.S.; conforming provisions to
1054 changes made by the act; revising boilers that are
1055 exempt from regulation under the chapter; revising
1056 requirements for certain exempt boilers and water
1057 heaters; amending s. 554.1101, F.S.; conforming
1058 provisions to changes made by the act; requiring a
1059 boiler insurance company to notify, within a specified
1060 timeframe, the chief boiler inspector under certain
1061 circumstances; requiring a certificateholder to submit
1062 a certain certificate of insurance to the chief boiler
1063 inspector under certain circumstances; amending s.
1064 554.111, F.S.; requiring an application for a boiler
1065 permit to include a specified fee; requiring the chief
1066 boiler inspector to deposit fines into a specified
1067 trust fund; conforming provisions to changes made by
1068 the act; repealing ss. 554.112 and 554.113, F.S.,
1069 relating to examinations, and certification of
1070 inspectors and renewals, respectively; amending s.
1071 554.114, F.S.; revising prohibited acts; providing
1072 penalties for a boiler insurance company or authorized
1073 inspection agency that fails to conduct certain
1074 inspections; conforming provisions to changes made by
1075 the act; amending s. 554.115, F.S.; adding authorized
1076 disciplinary actions for the department; adding
1077 specified grounds for disciplinary action against an
1078 owner of a boiler; revising grounds for disciplinary
1079 action against a boiler inspector; deleting a
1080 provision requiring a chief inspector to report
1081 certain persons to the state attorney; deleting a
1082 provision authorizing certain administrative action by
1083 the chief inspector; deleting a provision relating to
1084 the duration of a suspended certificate of compliance;
1085 creating s. 554.1151, F.S.; authorizing the department
1086 to impose specified administrative fines in lieu of or
1087 in addition to certain disciplinary actions;
1088 authorizing procedures for payment of fines by a
1089 certificateholder; requiring a certificate to be
1090 revoked under certain circumstances; creating s.
1091 554.116, F.S.; requiring a boiler insurance company to
1092 annually file a specified report with the chief boiler
1093 inspector; requiring the department to adopt a form by
1094 rule; amending s. 624.307, F.S.; authorizing the
1095 department to expend funds for professional
1096 development of its employees; amending s. 626.015,
1097 F.S.; defining terms; conforming a cross-reference;
1098 amending s. 626.207, F.S.; defining the term
1099 “applicant”; revising a list of felonies subject to a
1100 permanent bar from licensure; revising a condition for
1101 when certain disqualifying periods begin; conforming
1102 cross-references; providing an exception from a
1103 permanent bar on or disqualifying periods for cases of
1104 executive clemency; providing construction; amending
1105 s. 626.9954, F.S.; revising a list of felonies subject
1106 to a permanent bar from licensure; revising conditions
1107 for when certain disqualifying periods begin;
1108 conforming cross-references; providing an exception
1109 from a permanent bar on or disqualifying periods for
1110 cases of executive clemency; providing construction;
1111 amending s. 626.2815, F.S.; authorizing the department
1112 to approve a certain number of elective continuing
1113 education credits for certain insurance licensees;
1114 providing an exception from a certain continuing
1115 education requirement for such licensees; amending s.
1116 626.611, F.S.; deleting a condition for the
1117 involvement of moral turpitude in felonies or certain
1118 crimes in relation to compulsory disciplinary actions
1119 by the department against certain entities’ licenses
1120 or appointments; conforming a cross-reference;
1121 amending s. 626.621, F.S.; revising grounds for the
1122 department’s discretionary refusal, suspension, or
1123 revocation of the license or appointment of certain
1124 persons; amending s. 626.7845, F.S.; revising an
1125 exception to the prohibition against the unlicensed
1126 transaction of life insurance; conforming a cross
1127 reference; amending s. 626.8305, F.S.; revising an
1128 exception to the prohibition against the unlicensed
1129 transaction of health insurance; conforming a cross
1130 reference; amending s. 626.861, F.S.; authorizing
1131 certain insurer employees to adjust specified claim
1132 losses or damage; amending s. 626.9543, F.S.; removing
1133 the scheduled expiration of a requirement for insurers
1134 to permit claims from a Holocaust victim or certain
1135 related persons irrespective of certain conditions;
1136 removing the scheduled expiration of an exception from
1137 statutes of limitations or laches for certain actions
1138 brought by Holocaust victims or certain related
1139 persons; amending s. 633.516, F.S.; authorizing the
1140 Division of State Fire Marshal within the division to
1141 contract for studies of, rather than to make a
1142 continuous study of, occupational diseases of
1143 firefighters; adding persons in other fire-related
1144 fields to such studies; authorizing the division to
1145 release confidential information of an individual
1146 firefighter or a person in another fire-related field
1147 to certain parties under certain circumstances;
1148 amending s. 768.28, F.S.; providing exceptions in tort
1149 claims against a county from