Florida Senate - 2020 COMMITTEE AMENDMENT
Bill No. CS for SB 1404
Ì178232ÊÎ178232
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
02/19/2020 .
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Appropriations Subcommittee on Agriculture, Environment, and
General Government (Perry) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Paragraph (f) of subsection (2) of section
6 20.121, Florida Statutes, is amended to read:
7 20.121 Department of Financial Services.—There is created a
8 Department of Financial Services.
9 (2) DIVISIONS.—The Department of Financial Services shall
10 consist of the following divisions and office:
11 (f) The Division of Public Assistance Fraud, which shall
12 function as a criminal justice agency for purposes of ss.
13 943.045-943.08. The division shall conduct investigations
14 pursuant to s. 414.411 within or outside of this state as it
15 deems necessary. If, during an investigation, the division has
16 reason to believe that any criminal law of this state has or may
17 have been violated, it shall refer any records tending to show
18 such violation to state or federal law enforcement or
19 prosecutorial agencies and shall provide investigative
20 assistance to those agencies as required.
21 Section 2. Section 284.45, Florida Statutes, is created to
22 read:
23 284.45 Sexual harassment victims.—
24 (1) An individual working for an entity covered by the
25 State Risk Management Trust Fund may not engage in retaliatory
26 conduct of any kind against a sexual harassment victim. As used
27 in this section, the term “sexual harassment victim” means an
28 individual employed, or being considered for employment, with an
29 entity participating in the State Risk Management Trust Fund,
30 who becomes a victim of workplace sexual harassment through the
31 course of employment, or while being considered for employment,
32 with the entity.
33 (2) The willful and knowing dissemination of personal
34 identifying information of a sexual harassment victim to any
35 party other than a governmental entity in furtherance of its
36 official duties or pursuant to a court order is a misdemeanor of
37 the first degree, punishable as provided in s. 775.082. For
38 purposes of this subsection, personal identifying information
39 includes the name of the victim and his or her:
40 (a) Home address;
41 (b) Home phone number;
42 (c) Cellular phone number;
43 (d) E-mail address;
44 (e) Social media account username or uniform resource
45 locator (URL); or
46 (f) Any other information that could reasonably be used to
47 identify, locate, or contact the alleged victim.
48 Section 3. Subsections (1), (2), (3), (6), and (8) of
49 section 497.101, Florida Statutes, are amended to read:
50 497.101 Board of Funeral, Cemetery, and Consumer Services;
51 membership; appointment; terms.—
52 (1) The Board of Funeral, Cemetery, and Consumer Services
53 is created within the Department of Financial Services and shall
54 consist of 10 members, 9 of whom shall be appointed by the
55 Governor from nominations made by the Chief Financial Officer
56 and confirmed by the Senate. The Chief Financial Officer shall
57 nominate one to three persons for each of the nine vacancies on
58 the board, and the Governor shall fill each vacancy on the board
59 by appointing one of the three persons nominated by the Chief
60 Financial Officer to fill that vacancy. If the Governor objects
61 to each of the three nominations for a vacancy, she or he shall
62 inform the Chief Financial Officer in writing. Upon notification
63 of an objection by the Governor, the Chief Financial Officer
64 shall submit one to three additional nominations for that
65 vacancy until the vacancy is filled. One member must be the
66 State Health Officer or her or his designee.
67 (2) Two members of the board shall be funeral directors
68 licensed under part III of this chapter who are associated with
69 a funeral establishment. One member of the board shall be a
70 funeral director licensed under part III of this chapter who is
71 associated with a funeral establishment licensed under part III
72 of this chapter that has a valid preneed license issued pursuant
73 to this chapter and who owns or operates a cinerator facility
74 approved under chapter 403 and licensed under part VI of this
75 chapter. Two members of the board shall be persons whose primary
76 occupation is associated with a cemetery company licensed
77 pursuant to this chapter. Two Three members of the board shall
78 be consumers who are residents of the state, have never been
79 licensed as funeral directors or embalmers, are not connected
80 with a cemetery or cemetery company licensed pursuant to this
81 chapter, and are not connected with the death care industry or
82 the practice of embalming, funeral directing, or direct
83 disposition. One of the two consumer members shall be at least
84 60 years of age, and one shall be licensed as a certified public
85 accountant under chapter 473. One member of the board shall be a
86 consumer who is a resident of this state; is licensed as a
87 certified public accountant under chapter 473; has never been
88 licensed as a funeral director or embalmer; is not a principal
89 or employee of any licensee licensed under this chapter; and
90 does not otherwise have control, as defined in s. 497.005, over
91 any licensee licensed under this chapter. One member of the
92 board shall be a principal of a monument establishment licensed
93 under this chapter as a monument builder. One member shall be
94 the State Health Officer or her or his designee. There shall not
95 be two or more board members who are principals or employees of
96 the same company or partnership or group of companies or
97 partnerships under common control.
98 (3) Board members shall be appointed for terms of 4 years,
99 and the State Health Officer shall serve as long as that person
100 holds that office. The designee of the State Health Officer
101 shall serve at the pleasure of the Governor. When the terms of
102 the initial board members expire, the Chief Financial Officer
103 shall stagger the terms of the successor members as follows: one
104 funeral director, one cemetery representative, the monument
105 builder, and one consumer member shall be appointed for terms of
106 2 years, and the remaining members shall be appointed for terms
107 of 4 years. All subsequent terms shall be for 4 years.
108 (6) The headquarters and records of the board shall be in
109 the Division of Funeral, Cemetery, and Consumer Services of the
110 Department of Financial Services in the City of Tallahassee. The
111 board may be contacted through the Division of Funeral,
112 Cemetery, and Consumer Services of the Department of Financial
113 Services in the City of Tallahassee. The Chief Financial Officer
114 shall annually appoint from among the board members a chair and
115 vice chair of the board. The board shall meet at least every 6
116 months, and more often as necessary. Special meetings of the
117 board shall be convened upon the direction of the Chief
118 Financial Officer. A quorum is necessary for the conduct of
119 business by the board. Unless otherwise provided by law, a
120 majority of the board members eligible to vote shall constitute
121 a quorum for the purpose of conducting its business six board
122 members shall constitute a quorum for the conduct of the board’s
123 business.
124 (8) The department shall adopt rules establishing forms by
125 which persons may apply for membership on the board and
126 procedures for applying for such membership. Such forms shall
127 require disclosure of the existence and nature of all current
128 and past employments by or contracts with, and direct or
129 indirect affiliations or interests in, any entity or business
130 that at any time was licensed by the board or by the former
131 Board of Funeral and Cemetery Services or the former Board of
132 Funeral Directors and Embalmers or that is or was otherwise
133 involved in the death care industry, as specified by department
134 rule.
135 Section 4. Section 497.1411, Florida Statutes, is created
136 to read:
137 497.1411 Disqualification of applicants and licensees;
138 penalties against licensees; rulemaking.—
139 (1) For purposes of this section, the term:
140 (a) “Applicant” means an individual applying for licensure
141 or relicensure under this chapter, and an officer, a director, a
142 majority owner, a partner, a manager, or other person who
143 manages or controls an entity applying for licensure or
144 relicensure under this chapter.
145 (b) “Felony of the first degree” and “capital felony”
146 include all felonies designated as such in this state at the
147 time of the commission of the offense, as well as any offense in
148 another jurisdiction that is substantially similar to an offense
149 so designated in this state.
150 (c) “Financial services business” means any financial
151 activity regulated by the department, the Office of Insurance
152 Regulation, or the Office of Financial Regulation.
153 (2) An applicant who has been found guilty of or has
154 pleaded guilty or nolo contendere to any of the following
155 crimes, regardless of adjudication, is permanently barred from
156 licensure under this chapter:
157 (a) A felony of the first degree.
158 (b) A capital felony.
159 (c) A felony money laundering offense.
160 (d) A felony embezzlement.
161 (3) An applicant who has been found guilty of or has
162 pleaded guilty or nolo contendere to a crime not included in
163 subsection (2), regardless of adjudication, is subject to:
164 (a) A 10-year disqualifying period for all felonies
165 involving moral turpitude that are not specifically included in
166 the permanent bar contained in subsection (2).
167 (b) A 5-year disqualifying period for all felonies to which
168 neither the permanent bar in subsection (2) nor the 10-year
169 disqualifying period in paragraph (a) applies.
170 (c) A 5-year disqualifying period for all misdemeanors
171 directly related to the financial services business.
172 (4) The board shall adopt rules to administer this section.
173 The rules must provide for additional disqualifying periods due
174 to the commitment of multiple crimes and may include other
175 factors reasonably related to the applicant’s criminal history.
176 The rules shall provide for mitigating and aggravating factors.
177 However, mitigation may not result in a period of
178 disqualification of less than 5 years and may not mitigate the
179 disqualifying periods in paragraphs (3)(b) and (c).
180 (5) For purposes of this section, a disqualifying period
181 begins upon the applicant’s final release from supervision or
182 upon completion of the applicant’s criminal sentence. The
183 department may not issue a license to an applicant unless all
184 related fines, court costs and fees, and court-ordered
185 restitution have been paid.
186 (6) After the disqualifying period has expired, the burden
187 is on the applicant to demonstrate that he or she has been
188 rehabilitated, does not pose a risk to the public, is fit and
189 trustworthy to engage in business regulated by this chapter, and
190 is otherwise qualified for licensure.
191 (7) Notwithstanding subsections (2) and (3), an applicant
192 who has been found guilty of, or has pleaded guilty or nolo
193 contendere to, a crime in subsection (2) or subsection (3) and
194 who has subsequently been granted a pardon or the restoration of
195 civil rights pursuant to chapter 940 and s. 8, Art. IV of the
196 State Constitution, or a pardon or the restoration of civil
197 rights under the laws of another jurisdiction with respect to a
198 conviction in that jurisdiction, is not barred or disqualified
199 from licensure under this chapter. However, such a pardon or
200 restoration of civil rights does not require the department to
201 award such license.
202 (8)(a) The board may grant an exemption from
203 disqualification to any person disqualified from licensure under
204 subsection (3) if:
205 1. The applicant has paid in full any fee, fine, fund,
206 lien, civil judgment, restitution, or cost of prosecution
207 imposed by the court as part of the judgment and sentence for
208 any disqualifying offense; and
209 2. At least 5 years have elapsed since the applicant
210 completed or has been lawfully released from confinement,
211 supervision, or nonmonetary condition imposed by the court for a
212 disqualifying offense.
213 (b) For the board to grant an exemption under this
214 subsection, the applicant must clearly and convincingly
215 demonstrate that he or she would not pose a risk to persons or
216 property if licensed under this chapter, evidence of which must
217 include, but need not be limited to, facts and circumstances
218 surrounding the disqualifying offense, the time that has elapsed
219 since the offense, the nature of the offense and harm caused to
220 the victim, the applicant’s history before and after the
221 offense, and any other evidence or circumstances indicating that
222 the applicant will not present a danger if licensed or
223 certified.
224 (c) The board has discretion whether to grant or deny an
225 exemption under this subsection. The board’s decision is subject
226 to chapter 120.
227 (9) The disqualification periods provided in this section
228 do not apply to the renewal of a license or to a new application
229 for licensure if the applicant has an active license as of July
230 1, 2020, and the applicable criminal history was considered by
231 the board on the prior approval of any active license held by
232 the applicant. This subsection does not affect any criminal
233 history disclosure requirement of this chapter.
234 Section 5. Subsection (9) and paragraph (c) of subsection
235 (10) of section 497.142, Florida Statutes, are amended to read:
236 497.142 Licensing; fingerprinting and criminal background
237 checks.—
238 (9) If any applicant under this chapter has been, within
239 the 10 years preceding the application under this chapter,
240 convicted or found guilty of, or entered a plea of nolo
241 contendere to, regardless of adjudication, any crime in any
242 jurisdiction, the application shall not be deemed complete until
243 such time as the applicant provides such certified true copies
244 of the court records evidencing the conviction, finding, or plea
245 as required by this section or, as the licensing authority may
246 by rule require.
247 (10)(c) Crimes to be disclosed are:
248 1. Any felony or misdemeanor, no matter when committed,
249 that was directly or indirectly related to or involving any
250 aspect of the practice or business of funeral directing,
251 embalming, direct disposition, cremation, funeral or cemetery
252 preneed sales, funeral establishment operations, cemetery
253 operations, or cemetery monument or marker sales or
254 installation.
255 2. Any misdemeanor, no matter when committed, which was
256 directly or indirectly related to the financial services
257 business as defined in s. 497.1411 Any other felony not already
258 disclosed under subparagraph 1. that was committed within the 20
259 years immediately preceding the application under this chapter.
260 3. Any other misdemeanor not already disclosed under
261 subparagraph 2. subparagraph 1. that was committed within the 5
262 years immediately preceding the application under this chapter.
263 Section 6. Present subsections (2) through (5) of section
264 497.157, Florida Statutes, are redesignated as subsections (4)
265 through (7), respectively, new subsections (2) and (3) and
266 subsection (8) are added to that section, and present subsection
267 (3) of that section is amended, to read:
268 497.157 Unlicensed practice; remedies concerning violations
269 by unlicensed persons.—
270 (2) A person may not be, act as, or advertise or hold
271 himself or herself out to be a funeral director, embalmer, or
272 direct disposer unless he or she is currently licensed by the
273 department.
274 (3) A person may not be, act as, or advertise or hold
275 himself or herself out to be a preneed sales agent unless he or
276 she is currently licensed by the department and appointed by a
277 preneed main licensee for which they are executing preneed
278 contracts.
279 (5)(3) Where the department determines that an emergency
280 exists regarding any violation of this chapter by any unlicensed
281 person or entity, the department may issue and serve an
282 immediate final order upon such unlicensed person or entity, in
283 accordance with s. 120.569(2)(n). Such an immediate final order
284 may impose such prohibitions and requirements as are reasonably
285 necessary to protect the public health, safety, and welfare, and
286 shall be effective when served.
287 (a) For the purpose of enforcing such an immediate final
288 order, the department may file an emergency or other proceeding
289 in the circuit courts of the state seeking enforcement of the
290 immediate final order by injunctive or other order of the court.
291 The court shall issue its injunction or other order enforcing
292 the immediate final order pending administrative resolution of
293 the matter under subsection (4) (2), unless the court determines
294 that such action would work a manifest injustice under the
295 circumstances. Venue for judicial actions under this paragraph
296 shall be, at the election of the department, in the courts of
297 Leon County, or in a county where the respondent resides or has
298 a place of business.
299 (b) After serving an immediate final order to cease and
300 desist upon any person or entity, the department shall within 10
301 days issue and serve upon the same person or entity an
302 administrative complaint as set forth in subsection (4) (2),
303 except that, absent order of a court to the contrary, the
304 immediate final order shall be effective throughout the pendency
305 of proceedings under subsection (4) (2).
306 (8) Any person who is not licensed under this chapter and
307 who engages in activity requiring licensure under this chapter
308 commits a felony of the third degree, punishable as provided in
309 s. 775.082, s. 775.083, or s. 775.084.
310 Section 7. Subsection (6) of section 497.159, Florida
311 Statutes, is amended to read:
312 497.159 Crimes.—
313 (6) Any person who is not licensed under this chapter who
314 engages in activity requiring licensure under this chapter,
315 commits a misdemeanor of the second degree, punishable as
316 provided in s. 775.082 or s. 775.083.
317 Section 8. Subsection (7) of section 497.459, Florida
318 Statutes, is amended to read:
319 497.459 Cancellation of, or default on, preneed contracts;
320 required notice.—
321 (7) NOTICE TO PURCHASER OR LEGALLY AUTHORIZED PERSON.—
322 (a) To ensure the performance of unfulfilled preneed
323 contracts, upon the occurrence of the earlier earliest of either
324 any of the following events, a preneed licensee shall provide to
325 the purchaser or to the beneficiary’s legally authorized person
326 written notice of the preneed licensee’s intent to distribute
327 funds as described herein in accordance with the terms of the
328 preneed contract, if any such terms exist obligation of the
329 preneed licensee remains to be fulfilled under the contract:
330 1. Fifty years after the date of execution of the preneed
331 contract by the purchaser.
332 2. The beneficiary of the preneed contract attains the age
333 of 105 years of age or older.
334 3. The social security number of the beneficiary of the
335 preneed contract, as shown on the contract, is contained within
336 the United States Social Security Administration Death Master
337 File.
338
339 By July 1, 2021, and at least every 3 years thereafter, a
340 preneed licensee shall conduct an analysis of each of its
341 preneed contracts to determine if subparagraph 1. or
342 subparagraph 2. applies.
343 (b)1. The notice in paragraph (a) must be provided by
344 certified mail, registered mail, or permitted delivery service,
345 return receipt requested, to the last known mailing address of
346 the purchaser or the beneficiary’s legally authorized person,
347 whichever is applicable, as provided to the preneed licensee. If
348 the notice is returned as undeliverable within 30 calendar days
349 after the preneed licensee sent the notice, the preneed licensee
350 trustee shall perform a diligent search and inquiry to obtain a
351 different address for the purchaser or the beneficiary’s legally
352 authorized person, whichever is applicable. For purposes of this
353 subparagraph, any address known and used by the purchaser or the
354 beneficiary’s legally authorized person, whichever is
355 applicable, for sending regular mailings or other communications
356 from the purchaser or the beneficiary’s legally authorized
357 person, whichever is applicable, to the preneed licensee or any
358 address produced through a current address service or searchable
359 database shall be included with other addresses produced from
360 the diligent search and inquiry, if any. If the preneed
361 licensee’s trustee’s diligent search and inquiry produces an
362 address different from the notice address, the preneed licensee
363 trustee shall mail a copy of the notice by certified mail,
364 registered mail, or permitted delivery service, return receipt
365 requested, to any and all addresses produced as a result of the
366 diligent search and inquiry.
367 2. If the purchaser or the beneficiary’s legally authorized
368 person, whichever is applicable, fails to respond to such notice
369 within 3 years 120 days after delivery of the last mailed notice
370 under subparagraph 1., the funds held in trust must be
371 distributed within 60 days after the end of the 3-year period
372 and in accordance with any applicable provision of chapter 717,
373 as follows:
374 a. The principal deposited into trust must be remitted to
375 the Unclaimed Property Trust Fund.
376 b. Any additional funds in trust must be remitted to the
377 preneed licensee.
378
379 Upon the occurrence of the distribution from trust, the preneed
380 licensee is absolved of all liability associated with the
381 preneed contract for which funds were distributed, including any
382 obligation to refund any monies paid by a purchaser of a preneed
383 contract. The names of the purchaser and the beneficiary of any
384 preneed contract for which funds were distributed must be
385 provided to the Division of Unclaimed Property at the time such
386 funds are remitted to the Unclaimed Property Trust Fund.
387 (c) A purchaser or a beneficiary that receive the notice
388 required under this subsection retains all rights to fulfillment
389 or cancellation of the preneed contract during the time between
390 the issuance of the notice and the distribution described in
391 subparagraph (b)2. Legally authorized persons, in the priority
392 set forth in this chapter, of the purchaser or beneficiary may
393 obtain fulfillment or cancellation of the preneed contract. Such
394 fulfillment may include identifying a new beneficiary on the
395 preneed contract. A preneed licensee shall provide fulfillment
396 or cancellation of the preneed contract upon the attestation of
397 any one legally authorized person that he or she is not aware of
398 an objection to the requested action by any person in his or her
399 priority class or a higher priority class. If the legally
400 authorized person chooses to identify a new beneficiary on the
401 preneed contract, the preneed contract is deemed effective as of
402 the date of the identification of the new beneficiary in
403 accordance with the terms of the preneed contract, the trust
404 agreement, and any applicable provisions of chapter 717.
405 (c) This subsection does not affect a purchaser’s rights to
406 cancel the preneed contract and receive a refund or a preneed
407 licensee’s obligations to refund established by this chapter.
408 (d) This section does not apply to any internment
409 merchandise or services associated with such internment rights.
410 (e) The licensing authority shall have authority to adopt
411 rules for the review and approval of notice forms used by
412 preneed licensees to provide notice under this subsection.
413 Section 9. Subsection (13) of section 552.081, Florida
414 Statutes, is amended to read:
415 552.081 Definitions.—As used in this chapter:
416 (13) “Two-component explosives” means any two inert
417 components which, when mixed, become capable of detonation by
418 any detonator a No. 6 blasting cap, and shall be classified as a
419 Class “A” explosive when so mixed.
420 Section 10. Present subsection (2) of section 553.7921,
421 Florida Statutes, is redesignated as subsection (3), a new
422 subsection (2) is added to that section, and subsection (1) of
423 that section is amended, to read:
424 553.7921 Fire alarm permit application to local enforcement
425 agency.—
426 (1) A contractor must file a Uniform Fire Alarm Permit
427 Application as provided in subsection (3) (2) with the local
428 enforcement agency and must receive the fire alarm permit
429 before:
430 (a) installing or replacing a fire alarm, if the local
431 enforcement agency requires a plan review for the installation
432 or replacement; or
433 (b) Repairing an existing alarm system that was previously
434 permitted by the local enforcement agency if the local
435 enforcement agency requires a fire alarm permit for the repair.
436 (2) If the local enforcement agency requires a fire alarm
437 permit to repair an existing alarm system that was previously
438 permitted by the local enforcement agency, a contractor may
439 begin work after filing a Uniform Fire Alarm Permit Application
440 as provided in subsection (3). A fire alarm repaired pursuant to
441 this subsection may not be considered compliant until the
442 required permit is issued and the local enforcement agency
443 approves the repair.
444 Section 11. Effective January 1, 2021, subsection (3) of
445 section 626.2815, Florida Statutes, is amended to read:
446 626.2815 Continuing education requirements.—
447 (3) Each licensee except a title insurance agent must
448 complete a 4-hour 5-hour update course every 2 years which is
449 specific to the license held by the licensee. The course must be
450 developed and offered by providers and approved by the
451 department. The content of the course must address all lines of
452 insurance for which examination and licensure are required and
453 include the following subject areas: insurance law updates,
454 ethics for insurance professionals, disciplinary trends and case
455 studies, industry trends, premium discounts, determining
456 suitability of products and services, and other similar
457 insurance-related topics the department determines are relevant
458 to legally and ethically carrying out the responsibilities of
459 the license granted. A licensee who holds multiple insurance
460 licenses must complete an update course that is specific to at
461 least one of the licenses held. Except as otherwise specified,
462 any remaining required hours of continuing education are
463 elective and may consist of any continuing education course
464 approved by the department under this section.
465 (a) Except as provided in paragraphs (b), (c), (d), (e),
466 (i), and (j), each licensee must also complete 20 19 hours of
467 elective continuing education courses every 2 years.
468 (b) A licensee who has been licensed for 6 or more years
469 must also complete a minimum of 16 15 hours of elective
470 continuing education every 2 years.
471 (c) A licensee who has been licensed for 25 years or more
472 and is a CLU or a CPCU or has a Bachelor of Science degree in
473 risk management or insurance with evidence of 18 or more
474 semester hours in insurance-related courses must also complete a
475 minimum of 6 5 hours of elective continuing education courses
476 every 2 years.
477 (d) An individual who holds a license as a customer
478 representative and who is not a licensed life or health agent
479 must also complete a minimum of 6 5 hours of continuing
480 education courses every 2 years.
481 (e) An individual subject to chapter 648 must complete the
482 4-hour 5-hour update course and a minimum of 10 9 hours of
483 elective continuing education courses every 2 years.
484 (f) Elective continuing education courses for public
485 adjusters must be specifically designed for public adjusters and
486 approved by the department. Notwithstanding this subsection,
487 public adjusters for workers’ compensation insurance or health
488 insurance are not required to take continuing education courses
489 pursuant to this section.
490 (g) Excess hours accumulated during any 2-year compliance
491 period may be carried forward to the next compliance period.
492 (h) An individual teaching an approved course of
493 instruction or lecturing at any approved seminar and attending
494 the entire course or seminar qualifies for the same number of
495 classroom hours as would be granted to a person taking and
496 successfully completing such course or seminar. Credit is
497 limited to the number of hours actually taught unless a person
498 attends the entire course or seminar. An individual who is an
499 official of or employed by a governmental entity in this state
500 and serves as a professor, instructor, or in another position or
501 office, the duties and responsibilities of which are determined
502 by the department to require monitoring and review of insurance
503 laws or insurance regulations and practices, is exempt from this
504 section.
505 (i) For compliance periods beginning on or after October 1,
506 2014, any person who holds a license as a title insurance agent
507 must complete a minimum of 10 hours of continuing education
508 credit every 2 years in title insurance and escrow management
509 specific to this state and approved by the department, which
510 shall include at least 3 hours of continuing education on the
511 subject matter of ethics, rules, or compliance with state and
512 federal regulations relating specifically to title insurance and
513 closing services.
514 (j) For a licensee who is an active participant in an
515 association, 2 hours of elective continuing education credit per
516 calendar year may be approved by the department, if properly
517 reported by the association.
518 Section 12. Section 633.217, Florida Statutes, is created
519 to read:
520 633.217 Influencing a firesafety inspector; prohibited
521 acts.—
522 (1) A person may not influence a firesafety inspector by:
523 (a) Threatening, coercing, tricking, or attempting to
524 threaten, coerce, or trick the firesafety inspector into
525 violating any provision of the Florida Fire Prevention Code, any
526 rule adopted by the State Fire Marshal, or any provision of this
527 chapter.
528 (b) Offering any compensation to the firesafety inspector
529 to induce a violation of the Florida Fire Prevention Code, any
530 rule adopted by the State Fire Marshal, or any provision of this
531 chapter.
532 (2) A firesafety inspector may not knowingly and willfully
533 accept an attempt by a person to influence the firesafety
534 inspector into violating any provision of the Florida Fire
535 Prevention Code, any rule adopted by the State Fire Marshal, or
536 any provision of this chapter.
537 Section 13. Paragraphs (d), (g), and (h) of subsection (4)
538 of section 633.304, Florida Statutes, are amended to read:
539 633.304 Fire suppression equipment; license to install or
540 maintain.—
541 (4)
542 (d) A license of any class may not be issued or renewed by
543 the division and a license of any class does not remain
544 operative unless:
545 1. The applicant has submitted to the State Fire Marshal
546 evidence of registration as a Florida corporation or evidence of
547 compliance with s. 865.09.
548 2. The State Fire Marshal or his or her designee has by
549 inspection determined that the applicant possesses the equipment
550 required for the class of license sought. The State Fire Marshal
551 shall give an applicant a reasonable opportunity to correct any
552 deficiencies discovered by inspection. To obtain such
553 inspection, an applicant with facilities located outside this
554 state must:
555 a. Provide a notarized statement from a professional
556 engineer licensed by the applicant’s state of domicile
557 certifying that the applicant possesses the equipment required
558 for the class of license sought and that all such equipment is
559 operable; or
560 b. Allow the State Fire Marshal or her or his designee to
561 inspect the facility. All costs associated with the State Fire
562 Marshal’s inspection must be paid by the applicant. The State
563 Fire Marshal, in accordance with s. 120.54, may adopt rules to
564 establish standards for the calculation and establishment of the
565 amount of costs associated with any inspection conducted by the
566 State Fire Marshal under this section. Such rules must include
567 procedures for invoicing and receiving funds in advance of the
568 inspection.
569 3. The applicant has submitted to the State Fire Marshal
570 proof of insurance providing coverage for comprehensive general
571 liability for bodily injury and property damage, products
572 liability, completed operations, and contractual liability. The
573 State Fire Marshal shall adopt rules providing for the amounts
574 of such coverage, but such amounts may not be less than $300,000
575 for Class A or Class D licenses, $200,000 for Class B licenses,
576 and $100,000 for Class C licenses; and the total coverage for
577 any class of license held in conjunction with a Class D license
578 may not be less than $300,000. The State Fire Marshal may, at
579 any time after the issuance of a license or its renewal, require
580 upon demand, and in no event more than 30 days after notice of
581 such demand, the licensee to provide proof of insurance, on the
582 insurer’s form, containing confirmation of insurance coverage as
583 required by this chapter. Failure, for any length of time, to
584 provide proof of insurance coverage as required must result in
585 the immediate suspension of the license until proof of proper
586 insurance is provided to the State Fire Marshal. An insurer that
587 provides such coverage shall notify the State Fire Marshal of
588 any change in coverage or of any termination, cancellation, or
589 nonrenewal of any coverage.
590 4. The applicant applies to the State Fire Marshal,
591 provides proof of experience, and successfully completes a
592 prescribed training course that includes both written and
593 practical training offered at by the State Fire College and or
594 an equivalent course approved by the State Fire Marshal as
595 applicable to the class of license being sought. This
596 subparagraph does not apply to any holder of or applicant for a
597 permit under paragraph (g) or to a business organization or a
598 governmental entity seeking initial licensure or renewal of an
599 existing license solely for the purpose of inspecting,
600 servicing, repairing, marking, recharging, and maintaining fire
601 extinguishers used and located on the premises of and owned by
602 such organization or entity.
603 5. The applicant has a current retestor identification
604 number that is appropriate for the license for which the
605 applicant is applying and that is listed with the United States
606 Department of Transportation.
607 6. The applicant has passed, with a grade of at least 70
608 percent, a written examination testing his or her knowledge of
609 the rules and statutes governing the activities authorized by
610 the license and demonstrating his or her knowledge and ability
611 to perform those tasks in a competent, lawful, and safe manner.
612 Such examination must be developed and administered by the State
613 Fire Marshal, or his or her designee in accordance with policies
614 and procedures of the State Fire Marshal. An applicant shall pay
615 a nonrefundable examination fee of $50 for each examination or
616 reexamination scheduled. A reexamination may not be scheduled
617 sooner than 30 days after any administration of an examination
618 to an applicant. An applicant may not be permitted to take an
619 examination for any level of license more than a total of four
620 times during 1 year, regardless of the number of applications
621 submitted. As a prerequisite to licensure of the applicant, he
622 or she:
623 a. Must be at least 18 years of age.
624 b. Must have 4 years of proven experience as a fire
625 equipment permittee at a level equal to or greater than the
626 level of license applied for or have a combination of education
627 and experience determined to be equivalent thereto by the State
628 Fire Marshal. Having held a permit at the appropriate level for
629 the required period constitutes the required experience.
630 c. Must not have been convicted of a felony or a crime
631 punishable by imprisonment of 1 year or more under the law of
632 the United States or of any state thereof or under the law of
633 any other country. “Convicted” means a finding of guilt or the
634 acceptance of a plea of guilty or nolo contendere in any federal
635 or state court or a court in any other country, without regard
636 to whether a judgment of conviction has been entered by the
637 court having jurisdiction of the case. If an applicant has been
638 convicted of any such felony, the applicant is excluded from
639 licensure for a period of 4 years after expiration of sentence
640 or final release by the Florida Commission on Offender Review
641 unless the applicant, before the expiration of the 4-year
642 period, has received a full pardon or has had her or his civil
643 rights restored.
644
645 This subparagraph does not apply to any holder of or applicant
646 for a permit under paragraph (g) or to a business organization
647 or a governmental entity seeking initial licensure or renewal of
648 an existing license solely for the purpose of inspecting,
649 servicing, repairing, marking, recharging, hydrotesting, and
650 maintaining fire extinguishers used and located on the premises
651 of and owned by such organization or entity.
652 (g) A permit of any class may not be issued or renewed to a
653 person by the division, and a permit of any class does not
654 remain operative, unless the person has:
655 1. Submitted a nonrefundable examination fee in the amount
656 of $50.
657 2. Successfully completed a training course that includes
658 both written and practical training offered at by the State Fire
659 College and or an equivalent course approved by the State Fire
660 Marshal as applicable to the class of license being sought.
661 3. Passed, with a grade of at least 70 percent, a written
662 examination testing his or her knowledge of the rules and
663 statutes governing the activities authorized by the permit and
664 demonstrating his or her knowledge and ability to perform those
665 tasks in a competent, lawful, and safe manner. Such examination
666 must be developed and administered by the State Fire Marshal in
667 accordance with the policies and procedures of the State Fire
668 Marshal. An examination fee must be paid for each examination
669 scheduled. A reexamination may not be scheduled sooner than 30
670 days after any administration of an examination to an applicant.
671 An applicant may not be permitted to take an examination for any
672 level of permit more than four times during 1 year, regardless
673 of the number of applications submitted. As a prerequisite to
674 taking the permit examination, the applicant must be at least 16
675 years of age.
676 (h) An applicant for a license or permit under this section
677 who fails the examination may take it three more times during
678 the 1-year period after he or she originally filed an
679 application for the examination. If the applicant fails the
680 examination within 1 year after the application date and he or
681 she seeks to retake the examination, he or she must file a new
682 application, pay the application and examination fees, and
683 successfully complete a prescribed training course that includes
684 both written and practical training offered at by the State Fire
685 College and or an equivalent course approved by the State Fire
686 Marshal as applicable to the class of license being sought. The
687 applicant may not submit a new application within 6 months after
688 the date of his or her fourth reexamination. An applicant who
689 passes the examination but does not meet the remaining
690 qualifications prescribed by law and rule within 1 year after
691 the application date must file a new application, pay the
692 application and examination fee, successfully complete a
693 prescribed training course that includes both written and
694 practical training offered at approved by the State Fire College
695 and or an equivalent course approved by the State Fire Marshal
696 as applicable to the class of license being sought, and pass the
697 written examination.
698 Section 14. Subsection (1) of section 633.416, Florida
699 Statutes, is amended to read:
700 633.416 Firefighter employment and volunteer firefighter
701 service; saving clause.—
702 (1) A fire service provider may not employ an individual
703 to:
704 (a) Extinguish fires for the protection of life or property
705 or to supervise individuals who perform such services unless the
706 individual holds a current and valid Firefighter Certificate of
707 Compliance. However, a person who is currently serving as a
708 volunteer firefighter and holds a volunteer firefighter
709 certificate of completion with a fire service provider, who is
710 then employed as a regular or permanent firefighter by such fire
711 service provider, may function, for a period of 1 year under the
712 direct supervision of an individual holding a valid firefighter
713 certificate of compliance, in the same capacity in which he or
714 she acted as a volunteer firefighter, provided that he or she
715 has completed all training required by the volunteer
716 organization. Under no circumstance can this period extend
717 beyond 1 year either collectively or consecutively from the
718 start of employment to obtain a Firefighter Certificate of
719 Compliance; or
720 (b) Serve as the administrative and command head of a fire
721 service provider for a period in excess of 1 year unless the
722 individual holds a current and valid Firefighter Certificate of
723 Compliance or Special Certificate of Compliance.
724 Section 15. Section 843.08, Florida Statutes, is amended to
725 read:
726 843.08 False personation.—A person who falsely assumes or
727 pretends to be a firefighter, a sheriff, an officer of the
728 Florida Highway Patrol, an officer of the Fish and Wildlife
729 Conservation Commission, an officer of the Department of
730 Environmental Protection, a fire or arson investigator of the
731 Department of Financial Services, an officer of the Department
732 of Financial Services, any personnel or representative of the
733 Division of Investigative and Forensic Services, an officer of
734 the Department of Corrections, a correctional probation officer,
735 a deputy sheriff, a state attorney or an assistant state
736 attorney, a statewide prosecutor or an assistant statewide
737 prosecutor, a state attorney investigator, a coroner, a police
738 officer, a lottery special agent or lottery investigator, a
739 beverage enforcement agent, a school guardian as described in s.
740 30.15(1)(k), a security officer licensed under chapter 493, any
741 member of the Florida Commission on Offender Review or any
742 administrative aide or supervisor employed by the commission,
743 any personnel or representative of the Department of Law
744 Enforcement, or a federal law enforcement officer as defined in
745 s. 901.1505, and takes upon himself or herself to act as such,
746 or to require any other person to aid or assist him or her in a
747 matter pertaining to the duty of any such officer, commits a
748 felony of the third degree, punishable as provided in s.
749 775.082, s. 775.083, or s. 775.084. However, a person who
750 falsely personates any such officer during the course of the
751 commission of a felony commits a felony of the second degree,
752 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
753 If the commission of the felony results in the death or personal
754 injury of another human being, the person commits a felony of
755 the first degree, punishable as provided in s. 775.082, s.
756 775.083, or s. 775.084.
757 Section 16. Paragraph (f) is added to subsection (11) of
758 section 943.045, Florida Statutes, to read:
759 943.045 Definitions; ss. 943.045-943.08.—The following
760 words and phrases as used in ss. 943.045-943.08 shall have the
761 following meanings:
762 (11) “Criminal justice agency” means:
763 (f) The investigations component of the Department of
764 Financial Services which investigates the crimes of fraud and
765 official misconduct in all public assistance given to residents
766 of the state or provided to others by the state.
767 Section 17. Effective upon this act becoming a law,
768 paragraph (e) of subsection (1) and subsections (2) and (3) of
769 chapter 2019-140, Laws of Florida, are amended to read:
770 Section 40. (1) The Legislature finds that:
771 (e) It is in the public interest to establish a Florida
772 Financial Technology and Blockchain Task Force comprised of
773 government and industry representatives to study the ways in
774 which state, county, and municipal governments can benefit from
775 a transition to a blockchain-based system for recordkeeping,
776 security, and service delivery and to develop and submit
777 recommendations to the Governor and the Legislature concerning
778 the potential for implementation of blockchain-based systems
779 that promote government efficiencies, better services for
780 citizens, economic development, and safer cyber-secure
781 interaction between government and the public.
782 (2) The Florida Financial Technology and Blockchain Task
783 Force, a task force as defined in s. 20.03, Florida Statutes, is
784 established within the Department of Financial Services to
785 explore and develop a master plan for fostering the expansion of
786 financial technology and the blockchain industry in the state,
787 to recommend policies and state investments to help make this
788 state a leader in financial and blockchain technologies
789 technology, and to issue a report to the Governor and the
790 Legislature. The task force shall study if and how state,
791 county, and municipal governments can benefit from a transition
792 to a blockchain-based system for recordkeeping, data security,
793 financial transactions, and service delivery and identify ways
794 to improve government interaction with businesses and the
795 public. The task force shall also consider financial technology
796 innovations related to money transmitters and payment instrument
797 sellers, as defined in s. 560.103, Florida Statutes, including
798 mediums of exchange which are in electronic or digital form, and
799 identify new products and services that could lead to business
800 growth in this state.
801 (a) The master plan shall:
802 1. Identify the economic growth and development
803 opportunities presented by financial and blockchain technologies
804 technology.
805 2. Assess the existing blockchain industry in the state.
806 3. Identify innovative and successful blockchain
807 applications currently used by industry and other governments to
808 determine viability for state applications.
809 4. Review workforce needs and academic programs required to
810 build blockchain technology expertise across all relevant
811 industries.
812 5. Make recommendations to the Governor and the Legislature
813 that will promote innovation and economic growth by reducing
814 barriers to and expediting the expansion of the state’s
815 financial technology and blockchain industries industry.
816 (b) The task force shall consist of 13 members. Membership
817 shall be as follows:
818 1. Three agency heads or executive directors of cabinet
819 agencies, or their designees, appointed by the Governor.
820 2. Four members of the public or private sector with
821 knowledge and experience in blockchain technology, appointed by
822 the Governor.
823 3. Three members from the public or private sector with
824 knowledge and experience in blockchain technology, appointed by
825 the Chief Financial Officer.
826 4. One member from the private sector with knowledge and
827 experience in blockchain technology, appointed by the President
828 of the Senate.
829 5. One member from the private sector with knowledge and
830 experience in blockchain technology, appointed by the Speaker of
831 the House of Representatives.
832 6. One certified public accountant licensed pursuant to
833 chapter 473 with knowledge and experience in blockchain
834 technology, appointed by the Governor.
835
836 Members of the task force shall reflect the ethnic diversity of
837 the state.
838 (c) Within 90 days after the effective date of this act, a
839 majority of the members of the task force must be appointed and
840 the task force shall hold its first meeting. The task force
841 shall elect one of its members to serve as chair. Members of the
842 task force shall serve for the duration of the existence of the
843 task force. Any vacancy that occurs shall be filled in the same
844 manner as the original appointment. Task force members shall
845 serve without compensation, and are not entitled to
846 reimbursement for per diem or travel expenses.
847 (d) The task force shall study blockchain technology,
848 including, but not limited to, the following:
849 1. Opportunities and risks associated with using blockchain
850 and distributed ledger technology for state and local
851 governments.
852 2. Different types of blockchains, both public and private,
853 and different consensus algorithms.
854 3. Projects and cases currently under development in other
855 states and local governments, and how these cases could be
856 applied in this state.
857 4. Ways the Legislature can modify general law to support
858 secure paperless recordkeeping, increase cybersecurity, improve
859 interactions with citizens, and encourage blockchain innovation
860 for businesses in the state.
861 5. Identifying potential economic incentives for companies
862 investing in blockchain technologies in collaboration with the
863 state.
864 6. Recommending projects for potential blockchain
865 solutions, including, but not limited to, use cases for state
866 agencies that would improve services for citizens or businesses.
867 7. Identifying the technical skills necessary to develop
868 blockchain technology and ensuring that instruction in such
869 skills is available at secondary and postsecondary educational
870 institutions in this state.
871 (3) The task force shall submit a report to the Governor,
872 the President of the Senate, and the Speaker of the House of
873 Representatives and present its findings to the appropriate
874 legislative committees in each house of the Legislature by
875 January 31, 2021 within 180 days after the initial meeting of
876 the task force. The report must include:
877 (a) A general description of the costs and benefits of
878 state and local government agencies using blockchain technology.
879 (b) Recommendations concerning the feasibility of
880 implementing blockchain technology in the state and the best
881 approach to finance the cost of implementation.
882 (c) Recommendations for specific implementations to be
883 developed by relevant state agencies.
884 (d) Any draft legislation the task force deems appropriate
885 to implement such blockchain technologies.
886 (e) Identification of one pilot project that may be
887 implemented in the state.
888 (f) Any other information deemed relevant by the task
889 force.
890 Section 18. Except as otherwise expressly provided in this
891 act and except for this section, which shall take effect upon
892 this act becoming a law, this act shall take effect July 1,
893 2020.
894
895 ================= T I T L E A M E N D M E N T ================
896 And the title is amended as follows:
897 Delete everything before the enacting clause
898 and insert:
899 A bill to be entitled
900 An act relating to the Department of Financial
901 Services; amending s. 20.121, F.S.; specifying powers
902 and duties of the Division of Public Assistance Fraud;
903 creating s. 284.45, F.S.; prohibiting individuals
904 working for entities covered by the State Risk
905 Management Trust Fund from engaging in retaliatory
906 conduct against sexual harassment victims; defining
907 the term “sexual harassment victim”; specifying a
908 criminal penalty for the willful and knowing
909 dissemination of a sexual harassment victim’s personal
910 identifying information, except under certain
911 circumstances; specifying protected personal
912 identifying information; amending s. 497.101, F.S.;
913 revising provisions relating to membership of the
914 Board of Funeral, Cemetery, and Consumer Services
915 within the department; deleting a requirement for the
916 department to adopt certain rules; creating s.
917 497.1411, F.S.; defining terms; providing for
918 permanent disqualification of applicants for licensure
919 under ch. 497, F.S., for certain offenses; providing
920 for disqualifying periods for applicants for certain
921 offenses; requiring the board to adopt rules;
922 providing for calculation of disqualifying periods;
923 providing conditions for licensure after completion of
924 a disqualifying period; specifying the effect of a
925 pardon or clemency; providing for exemptions from
926 disqualification in certain circumstances; providing
927 procedures for consideration of applications for such
928 exemptions; providing construction; amending s.
929 497.142, F.S.; revising criminal history disclosure
930 requirements for applicants seeking licensure under
931 ch. 497, F.S.; amending s. 497.157, F.S.; prohibiting
932 persons from acting as or advertising themselves as
933 being funeral directors, embalmers, direct disposers,
934 or preneed sales agents unless they are so licensed;
935 prohibiting persons from engaging in certain
936 activities requiring licensure without holding
937 required licenses; revising the criminal penalty for
938 unlicensed activity; amending s. 497.159, F.S.;
939 conforming a provision to changes made by the act;
940 amending s. 497.459, F.S.; revising conditions under
941 which a preneed licensee must provide certain persons
942 a written notice of intent to distribute funds;
943 requiring preneed licensees to conduct a certain
944 analysis at specified intervals; requiring the preneed
945 licensee, rather than the trustee, to conduct a
946 certain diligent search and inquiry and mail the
947 notice under certain circumstances; revising the
948 timeframe for a failure to respond to the notice
949 before funds are distributed; revising requirements
950 for the distribution of funds; providing and revising
951 construction relating to certain liability and rights;
952 specifying requirements and procedures for fulfillment
953 or cancellation of the preneed contract; providing
954 applicability; amending s. 552.081, F.S.; revising the
955 definition of the term “two-component explosives” for
956 the purpose of regulation by the Division of State
957 Fire Marshal; amending s. 553.7921, F.S.; authorizing
958 a contractor repairing certain existing fire alarm
959 systems to begin work after filing an application for
960 a required permit but before receiving the permit;
961 providing construction; amending s. 626.2815, F.S.;
962 revising continuing education requirements for certain
963 persons licensed to solicit, sell, or adjust
964 insurance; creating s. 633.217, F.S.; prohibiting
965 certain acts to influence a firesafety inspector into
966 violating certain laws; prohibiting a firesafety
967 inspector from knowingly and willfully accepting an
968 attempt to influence him or her into violating certain
969 laws; amending s. 633.304, F.S.; revising requirements
970 for training courses for licensees installing or
971 maintaining certain fire suppression equipment;
972 amending s. 633.416, F.S.; providing that certain
973 persons serving as volunteer firefighters may serve as
974 a regular or permanent firefighter for a limited
975 period, subject to certain restrictions; amending s.
976 843.08, F.S.; prohibiting false personation of
977 personnel or representatives of the Division of
978 Investigative and Forensic Services; providing
979 criminal penalties; amending s. 943.045, F.S.;
980 revising the definition of the term “criminal justice
981 agency” to include the investigations component of the
982 department which investigates certain crimes; amending
983 chapter 2019-140, L.O.F.; renaming the Florida
984 Blockchain Task Force as the Florida Financial
985 Technology and Blockchain Task Force; adding duties to
986 the task force relating to financial technology;
987 revising the master plan of the task force; extending
988 the deadline for the task force to submit its report
989 to the Governor and the Legislature; providing
990 effective dates.