Florida Senate - 2020 COMMITTEE AMENDMENT
Bill No. PCS (863198) for CS for SB 1404
Ì4895040Î489504
LEGISLATIVE ACTION
Senate . House
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The Committee on Appropriations (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 sexual harassment victim and his or
40 her:
41 (a) Home address;
42 (b) Home phone number;
43 (c) Cellular phone number;
44 (d) E-mail address;
45 (e) Social media account username or uniform resource
46 locator (URL); or
47 (f) Any other information that could reasonably be used to
48 identify an alleged sexual harassment victim.
49 Section 3. Subsections (1), (2), (3), (6), and (8) of
50 section 497.101, Florida Statutes, are amended to read:
51 497.101 Board of Funeral, Cemetery, and Consumer Services;
52 membership; appointment; terms.—
53 (1) The Board of Funeral, Cemetery, and Consumer Services
54 is created within the Department of Financial Services and shall
55 consist of 10 members, 9 of whom shall be appointed by the
56 Governor from nominations made by the Chief Financial Officer
57 and confirmed by the Senate. The Chief Financial Officer shall
58 nominate one to three persons for each of the nine vacancies on
59 the board, and the Governor shall fill each vacancy on the board
60 by appointing one of the three persons nominated by the Chief
61 Financial Officer to fill that vacancy. If the Governor objects
62 to each of the three nominations for a vacancy, she or he shall
63 inform the Chief Financial Officer in writing. Upon notification
64 of an objection by the Governor, the Chief Financial Officer
65 shall submit one to three additional nominations for that
66 vacancy until the vacancy is filled. One member must be the
67 State Health Officer or her or his designee.
68 (2) Two members of the board shall be funeral directors
69 licensed under part III of this chapter who are associated with
70 a funeral establishment. One member of the board shall be a
71 funeral director licensed under part III of this chapter who is
72 associated with a funeral establishment licensed under part III
73 of this chapter that has a valid preneed license issued pursuant
74 to this chapter and who owns or operates a cinerator facility
75 approved under chapter 403 and licensed under part VI of this
76 chapter. Two members of the board shall be persons whose primary
77 occupation is associated with a cemetery company licensed
78 pursuant to this chapter. Two Three members of the board shall
79 be consumers who are residents of the state, have never been
80 licensed as funeral directors or embalmers, are not connected
81 with a cemetery or cemetery company licensed pursuant to this
82 chapter, and are not connected with the death care industry or
83 the practice of embalming, funeral directing, or direct
84 disposition. One of the two consumer members shall be at least
85 60 years of age, and one shall be licensed as a certified public
86 accountant under chapter 473. One member of the board shall be a
87 consumer who is a resident of this state; is licensed as a
88 certified public accountant under chapter 473; has never been
89 licensed as a funeral director or embalmer; is not a principal
90 or employee of any licensee licensed under this chapter; and
91 does not otherwise have control, as defined in s. 497.005, over
92 any licensee licensed under this chapter. One member of the
93 board shall be a principal of a monument establishment licensed
94 under this chapter as a monument builder. One member shall be
95 the State Health Officer or her or his designee. There shall not
96 be two or more board members who are principals or employees of
97 the same company or partnership or group of companies or
98 partnerships under common control.
99 (3) Board members shall be appointed for terms of 4 years,
100 and the State Health Officer shall serve as long as that person
101 holds that office. The designee of the State Health Officer
102 shall serve at the pleasure of the Governor. When the terms of
103 the initial board members expire, the Chief Financial Officer
104 shall stagger the terms of the successor members as follows: one
105 funeral director, one cemetery representative, the monument
106 builder, and one consumer member shall be appointed for terms of
107 2 years, and the remaining members shall be appointed for terms
108 of 4 years. All subsequent terms shall be for 4 years.
109 (6) The headquarters and records of the board shall be in
110 the Division of Funeral, Cemetery, and Consumer Services of the
111 Department of Financial Services in the City of Tallahassee. The
112 board may be contacted through the Division of Funeral,
113 Cemetery, and Consumer Services of the Department of Financial
114 Services in the City of Tallahassee. The Chief Financial Officer
115 shall annually appoint from among the board members a chair and
116 vice chair of the board. The board shall meet at least every 6
117 months, and more often as necessary. Special meetings of the
118 board shall be convened upon the direction of the Chief
119 Financial Officer. A quorum is necessary for the conduct of
120 business by the board. Unless otherwise provided by law, a
121 majority of the board members eligible to vote shall constitute
122 a quorum for the purpose of conducting its business six board
123 members shall constitute a quorum for the conduct of the board’s
124 business.
125 (8) The department shall adopt rules establishing forms by
126 which persons may apply for membership on the board and
127 procedures for applying for such membership. Such forms shall
128 require disclosure of the existence and nature of all current
129 and past employments by or contracts with, and direct or
130 indirect affiliations or interests in, any entity or business
131 that at any time was licensed by the board or by the former
132 Board of Funeral and Cemetery Services or the former Board of
133 Funeral Directors and Embalmers or that is or was otherwise
134 involved in the death care industry, as specified by department
135 rule.
136 Section 4. Section 497.1411, Florida Statutes, is created
137 to read:
138 497.1411 Disqualification of applicants and licensees;
139 penalties against licensees; rulemaking.—
140 (1) For purposes of this section, the term:
141 (a) “Applicant” means an individual applying for licensure
142 or relicensure under this chapter, and an officer, a director, a
143 majority owner, a partner, a manager, or other person who
144 manages or controls an entity applying for licensure or
145 relicensure under this chapter.
146 (b) “Felony of the first degree” and “capital felony”
147 include all felonies designated as such in this state at the
148 time of the commission of the offense, as well as any offense in
149 another jurisdiction that is substantially similar to an offense
150 so designated in this state.
151 (c) “Financial services business” means any financial
152 activity regulated by the department, the Office of Insurance
153 Regulation, or the Office of Financial Regulation.
154 (2) An applicant who has been found guilty of or has
155 pleaded guilty or nolo contendere to any of the following
156 crimes, regardless of adjudication, is permanently barred from
157 licensure under this chapter:
158 (a) A felony of the first degree.
159 (b) A capital felony.
160 (c) A felony money laundering offense.
161 (d) A felony embezzlement.
162 (3) An applicant who has been found guilty of or has
163 pleaded guilty or nolo contendere to a crime not included in
164 subsection (2), regardless of adjudication, is subject to:
165 (a) A 10-year disqualifying period for all felonies
166 involving moral turpitude that are not specifically included in
167 the permanent bar contained in subsection (2).
168 (b) A 5-year disqualifying period for all felonies to which
169 neither the permanent bar in subsection (2) nor the 10-year
170 disqualifying period in paragraph (a) applies.
171 (c) A 5-year disqualifying period for all misdemeanors
172 directly related to the financial services business.
173 (4) The board shall adopt rules to administer this section.
174 The rules must provide for additional disqualifying periods due
175 to the commitment of multiple crimes and may include other
176 factors reasonably related to the applicant’s criminal history.
177 The rules shall provide for mitigating and aggravating factors.
178 However, mitigation may not result in a period of
179 disqualification of less than 5 years and may not mitigate the
180 disqualifying periods in paragraphs (3)(b) and (c).
181 (5) For purposes of this section, a disqualifying period
182 begins upon the applicant’s final release from supervision or
183 upon completion of the applicant’s criminal sentence. The
184 department may not issue a license to an applicant unless all
185 related fines, court costs and fees, and court-ordered
186 restitution have been paid.
187 (6) After the disqualifying period has expired, the burden
188 is on the applicant to demonstrate that he or she has been
189 rehabilitated, does not pose a risk to the public, is fit and
190 trustworthy to engage in business regulated by this chapter, and
191 is otherwise qualified for licensure.
192 (7) Notwithstanding subsections (2) and (3), an applicant
193 who has been found guilty of, or has pleaded guilty or nolo
194 contendere to, a crime in subsection (2) or subsection (3) and
195 who has subsequently been granted a pardon or the restoration of
196 civil rights pursuant to chapter 940 and s. 8, Art. IV of the
197 State Constitution, or a pardon or the restoration of civil
198 rights under the laws of another jurisdiction with respect to a
199 conviction in that jurisdiction, is not barred or disqualified
200 from licensure under this chapter. However, such a pardon or
201 restoration of civil rights does not require the department to
202 award such license.
203 (8)(a) The board may grant an exemption from
204 disqualification to any person disqualified from licensure under
205 subsection (3) if:
206 1. The applicant has paid in full any fee, fine, fund,
207 lien, civil judgment, restitution, or cost of prosecution
208 imposed by the court as part of the judgment and sentence for
209 any disqualifying offense; and
210 2. At least 5 years have elapsed since the applicant
211 completed or has been lawfully released from confinement,
212 supervision, or nonmonetary condition imposed by the court for a
213 disqualifying offense.
214 (b) For the board to grant an exemption under this
215 subsection, the applicant must clearly and convincingly
216 demonstrate that he or she would not pose a risk to persons or
217 property if licensed under this chapter, evidence of which must
218 include, but need not be limited to, facts and circumstances
219 surrounding the disqualifying offense, the time that has elapsed
220 since the offense, the nature of the offense and harm caused to
221 the victim, the applicant’s history before and after the
222 offense, and any other evidence or circumstances indicating that
223 the applicant will not present a danger if licensed or
224 certified.
225 (c) The board has discretion whether to grant or deny an
226 exemption under this subsection. The board’s decision is subject
227 to chapter 120.
228 (9) The disqualification periods provided in this section
229 do not apply to the renewal of a license or to a new application
230 for licensure if the applicant has an active license as of July
231 1, 2020, and the applicable criminal history was considered by
232 the board on the prior approval of any active license held by
233 the applicant. This subsection does not affect any criminal
234 history disclosure requirement of this chapter.
235 Section 5. Subsection (9) and paragraph (c) of subsection
236 (10) of section 497.142, Florida Statutes, are amended to read:
237 497.142 Licensing; fingerprinting and criminal background
238 checks.—
239 (9) If any applicant under this chapter has been, within
240 the 10 years preceding the application under this chapter,
241 convicted or found guilty of, or entered a plea of nolo
242 contendere to, regardless of adjudication, any crime in any
243 jurisdiction, the application shall not be deemed complete until
244 such time as the applicant provides such certified true copies
245 of the court records evidencing the conviction, finding, or plea
246 as required by this section or, as the licensing authority may
247 by rule require.
248 (10)(c) Crimes to be disclosed are:
249 1. Any felony or misdemeanor, no matter when committed,
250 that was directly or indirectly related to or involving any
251 aspect of the practice or business of funeral directing,
252 embalming, direct disposition, cremation, funeral or cemetery
253 preneed sales, funeral establishment operations, cemetery
254 operations, or cemetery monument or marker sales or
255 installation.
256 2. Any misdemeanor, no matter when committed, which was
257 directly or indirectly related to the financial services
258 business as defined in s. 497.1411 Any other felony not already
259 disclosed under subparagraph 1. that was committed within the 20
260 years immediately preceding the application under this chapter.
261 3. Any other misdemeanor not already disclosed under
262 subparagraph 2. subparagraph 1. that was committed within the 5
263 years immediately preceding the application under this chapter.
264 Section 6. Present subsections (2) through (5) of section
265 497.157, Florida Statutes, are redesignated as subsections (4)
266 through (7), respectively, new subsections (2) and (3) and
267 subsection (8) are added to that section, and present subsection
268 (3) of that section is amended, to read:
269 497.157 Unlicensed practice; remedies concerning violations
270 by unlicensed persons.—
271 (2) A person may not be, act as, or advertise or hold
272 himself or herself out to be a funeral director, embalmer, or
273 direct disposer unless he or she is currently licensed by the
274 department.
275 (3) A person may not be, act as, or advertise or hold
276 himself or herself out to be a preneed sales agent unless he or
277 she is currently licensed by the department and appointed by a
278 preneed main licensee for which they are executing preneed
279 contracts.
280 (5)(3) Where the department determines that an emergency
281 exists regarding any violation of this chapter by any unlicensed
282 person or entity, the department may issue and serve an
283 immediate final order upon such unlicensed person or entity, in
284 accordance with s. 120.569(2)(n). Such an immediate final order
285 may impose such prohibitions and requirements as are reasonably
286 necessary to protect the public health, safety, and welfare, and
287 shall be effective when served.
288 (a) For the purpose of enforcing such an immediate final
289 order, the department may file an emergency or other proceeding
290 in the circuit courts of the state seeking enforcement of the
291 immediate final order by injunctive or other order of the court.
292 The court shall issue its injunction or other order enforcing
293 the immediate final order pending administrative resolution of
294 the matter under subsection (4) (2), unless the court determines
295 that such action would work a manifest injustice under the
296 circumstances. Venue for judicial actions under this paragraph
297 shall be, at the election of the department, in the courts of
298 Leon County, or in a county where the respondent resides or has
299 a place of business.
300 (b) After serving an immediate final order to cease and
301 desist upon any person or entity, the department shall within 10
302 days issue and serve upon the same person or entity an
303 administrative complaint as set forth in subsection (4) (2),
304 except that, absent order of a court to the contrary, the
305 immediate final order shall be effective throughout the pendency
306 of proceedings under subsection (4) (2).
307 (8) Any person who is not licensed under this chapter and
308 who engages in activity requiring licensure under this chapter
309 commits a felony of the third degree, punishable as provided in
310 s. 775.082, s. 775.083, or s. 775.084.
311 Section 7. Subsection (6) of section 497.159, Florida
312 Statutes, is amended to read:
313 497.159 Crimes.—
314 (6) Any person who is not licensed under this chapter who
315 engages in activity requiring licensure under this chapter,
316 commits a misdemeanor of the second degree, punishable as
317 provided in s. 775.082 or s. 775.083.
318 Section 8. Subsection (13) of section 552.081, Florida
319 Statutes, is amended to read:
320 552.081 Definitions.—As used in this chapter:
321 (13) “Two-component explosives” means any two inert
322 components which, when mixed, become capable of detonation by
323 any detonator a No. 6 blasting cap, and shall be classified as a
324 Class “A” explosive when so mixed.
325 Section 9. Present subsection (2) of section 553.7921,
326 Florida Statutes, is redesignated as subsection (3), a new
327 subsection (2) is added to that section, and subsection (1) of
328 that section is amended, to read:
329 553.7921 Fire alarm permit application to local enforcement
330 agency.—
331 (1) A contractor must file a Uniform Fire Alarm Permit
332 Application as provided in subsection (3) (2) with the local
333 enforcement agency and must receive the fire alarm permit
334 before:
335 (a) installing or replacing a fire alarm, if the local
336 enforcement agency requires a plan review for the installation
337 or replacement; or
338 (b) Repairing an existing alarm system that was previously
339 permitted by the local enforcement agency if the local
340 enforcement agency requires a fire alarm permit for the repair.
341 (2) If the local enforcement agency requires a fire alarm
342 permit to repair an existing alarm system that was previously
343 permitted by the local enforcement agency, a contractor may
344 begin work after filing a Uniform Fire Alarm Permit Application
345 as provided in subsection (3). A fire alarm repaired pursuant to
346 this subsection may not be considered compliant until the
347 required permit is issued and the local enforcement agency
348 approves the repair.
349 Section 10. Effective January 1, 2021, subsection (3) of
350 section 626.2815, Florida Statutes, is amended to read:
351 626.2815 Continuing education requirements.—
352 (3) Each licensee except a title insurance agent must
353 complete a 4-hour 5-hour update course every 2 years which is
354 specific to the license held by the licensee. The course must be
355 developed and offered by providers and approved by the
356 department. The content of the course must address all lines of
357 insurance for which examination and licensure are required and
358 include the following subject areas: insurance law updates,
359 ethics for insurance professionals, disciplinary trends and case
360 studies, industry trends, premium discounts, determining
361 suitability of products and services, and other similar
362 insurance-related topics the department determines are relevant
363 to legally and ethically carrying out the responsibilities of
364 the license granted. A licensee who holds multiple insurance
365 licenses must complete an update course that is specific to at
366 least one of the licenses held. Except as otherwise specified,
367 any remaining required hours of continuing education are
368 elective and may consist of any continuing education course
369 approved by the department under this section.
370 (a) Except as provided in paragraphs (b), (c), (d), (e),
371 (i), and (j), each licensee must also complete 20 19 hours of
372 elective continuing education courses every 2 years.
373 (b) A licensee who has been licensed for 6 or more years
374 must also complete a minimum of 16 15 hours of elective
375 continuing education every 2 years.
376 (c) A licensee who has been licensed for 25 years or more
377 and is a CLU or a CPCU or has a Bachelor of Science degree in
378 risk management or insurance with evidence of 18 or more
379 semester hours in insurance-related courses must also complete a
380 minimum of 6 5 hours of elective continuing education courses
381 every 2 years.
382 (d) An individual who holds a license as a customer
383 representative and who is not a licensed life or health agent
384 must also complete a minimum of 6 5 hours of continuing
385 education courses every 2 years.
386 (e) An individual subject to chapter 648 must complete the
387 4-hour 5-hour update course and a minimum of 10 9 hours of
388 elective continuing education courses every 2 years.
389 (f) Elective continuing education courses for public
390 adjusters must be specifically designed for public adjusters and
391 approved by the department. Notwithstanding this subsection,
392 public adjusters for workers’ compensation insurance or health
393 insurance are not required to take continuing education courses
394 pursuant to this section.
395 (g) Excess hours accumulated during any 2-year compliance
396 period may be carried forward to the next compliance period.
397 (h) An individual teaching an approved course of
398 instruction or lecturing at any approved seminar and attending
399 the entire course or seminar qualifies for the same number of
400 classroom hours as would be granted to a person taking and
401 successfully completing such course or seminar. Credit is
402 limited to the number of hours actually taught unless a person
403 attends the entire course or seminar. An individual who is an
404 official of or employed by a governmental entity in this state
405 and serves as a professor, instructor, or in another position or
406 office, the duties and responsibilities of which are determined
407 by the department to require monitoring and review of insurance
408 laws or insurance regulations and practices, is exempt from this
409 section.
410 (i) For compliance periods beginning on or after October 1,
411 2014, any person who holds a license as a title insurance agent
412 must complete a minimum of 10 hours of continuing education
413 credit every 2 years in title insurance and escrow management
414 specific to this state and approved by the department, which
415 shall include at least 3 hours of continuing education on the
416 subject matter of ethics, rules, or compliance with state and
417 federal regulations relating specifically to title insurance and
418 closing services.
419 (j) For a licensee who is an active participant in an
420 association, 2 hours of elective continuing education credit per
421 calendar year may be approved by the department, if properly
422 reported by the association.
423 Section 11. Section 627.70132, Florida Statutes, is amended
424 to read:
425 627.70132 Notice of windstorm or hurricane claim.—A claim,
426 supplemental claim, or reopened claim under an insurance policy
427 that provides property insurance, as defined in s. 624.604, for
428 loss or damage caused by the peril of windstorm or hurricane is
429 barred unless notice of the claim, supplemental claim, or
430 reopened claim was given to the insurer in accordance with the
431 terms of the policy within 24 months 3 years after the hurricane
432 first made landfall or the windstorm caused the covered damage.
433 For purposes of this section, the term “supplemental claim” or
434 “reopened claim” means any additional claim for recovery from
435 the insurer for losses from the same hurricane or windstorm
436 which the insurer has previously adjusted pursuant to the
437 initial claim. This section does not affect any applicable
438 limitation on civil actions provided in s. 95.11 for claims,
439 supplemental claims, or reopened claims timely filed under this
440 section.
441 Section 12. Section 627.7154, Florida Statutes, is created
442 to read:
443 627.7154 Water damage limitation.—
444 (1) As used in this section, the term “water damage” means
445 damage caused by any of the following:
446 (a) Water, waterborne material, sewage, or any other
447 substance that backs up, overflows, or is discharged through or
448 from a sewer, sewer system, drain, septic tank system, drain
449 field, sump, sump pump, or related equipment.
450 (b) Water, waterborne material, sewage, or any other
451 substance that overflows from a sump pump, sump pump well, or
452 any other system designed for the removal of subsurface water
453 that is drained from foundation areas of a structure.
454 (c) Water, waterborne material, sewage, or any other
455 substance on or below the surface of the ground, regardless of
456 its source, including water or any other substance that exerts
457 pressure on or flows, seeps, or leaks through a building,
458 sidewalk, driveway, foundation, swimming pool, or other
459 structure.
460 (d) Discharge or overflow of water or steam from within a
461 plumbing, heating, air conditioning, or automatic fire sprinkler
462 system or from within a household appliance.
463 (e) Water penetration through the roof system or exterior
464 walls or windows, unless water penetration is a direct result of
465 damage caused by a peril other than water.
466 (f) Escape, overflow, or discharge, for any reason, of
467 water or waterborne material from a dam, levee, seawall, or any
468 other boundary or containment system.
469 (2)(a) An insurer offering homeowners’ policies or
470 endorsements may offer the option of a policy or endorsement
471 with a policy limit for water damage as low as 5 percent of the
472 coverage A policy limit per occurrence, and may also offer
473 homeowners’ policies or endorsements with greater policy limits
474 for water damage. Such policy or endorsement may be offered on
475 all new business and on all renewals. Except as provided in
476 paragraph (b), an insurer may not condition renewals upon
477 acceptance of the base 5 percent of the coverage A policy limit
478 per occurrence or upon acceptance of an optional higher limit. A
479 policyholder who accepts the base 5 percent of the coverage A
480 policy limit per occurrence option must receive at least a 10
481 percent discount on the non-wind portion of the premium, and a
482 policyholder who accepts a limit that is greater than 5 percent
483 of the coverage A policy limit must be provided an actuarially
484 reasonable premium credit or discount. An insurer that issues or
485 renews a homeowner’s policy with a sublimit pursuant to this
486 subsection must include within the policy documents at initial
487 issuance and at every renewal, in no smaller than 18-point bold
488 type, the following statement: “THIS POLICY LIMITS COVERAGE FOR
489 WATER DAMAGE. YOU MAY WISH TO PURCHASE FULL COVERAGE FOR WATER
490 DAMAGE. PLEASE DISCUSS WITH YOUR INSURANCE AGENT.”
491 (b) An insurer may condition the issuance or renewal of a
492 homeowner’s insurance policy on a home older than 40 years of
493 age on the policyholder’s acceptance of a policy limit for water
494 damage which is less than the coverage A policy limit.
495 (c) An insurer may condition the provision of full water
496 damage coverage under a homeowner’s insurance policy on the use
497 of a managed repair or preferred vendor program approved by the
498 office.
499 (d) An insurer may require a water intrusion inspection
500 before binding full water damage coverage under a homeowner’s
501 insurance policy.
502 Section 13. Subsection (3) of section 633.102, Florida
503 Statutes, is amended to read:
504 633.102 Definitions.—As used in this chapter, the term:
505 (3)(a) “Contractor I” means a contractor whose business
506 includes the execution of contracts requiring the ability to lay
507 out, fabricate, install, inspect, alter, repair, and service all
508 types of fire protection systems, excluding preengineered
509 systems.
510 (b) “Contractor II” means a contractor whose business is
511 limited to the execution of contracts requiring the ability to
512 lay out, fabricate, install, inspect, alter, repair, and service
513 water sprinkler systems, water spray systems, foam-water
514 sprinkler systems, foam-water spray systems, standpipes,
515 combination standpipes and sprinkler risers, all piping that is
516 an integral part of the system beginning at the point of service
517 as defined in this section, sprinkler tank heaters, air lines,
518 thermal systems used in connection with sprinklers, and tanks
519 and pumps connected thereto, excluding preengineered systems.
520 (c) “Contractor III” means a contractor whose business is
521 limited to the execution of contracts requiring the ability to
522 fabricate, install, inspect, alter, repair, and service carbon
523 dioxide systems, foam extinguishing systems, dry chemical
524 systems, and Halon and other chemical systems, excluding
525 preengineered systems.
526 (d) “Contractor IV” means a contractor whose business is
527 limited to the execution of contracts requiring the ability to
528 lay out, fabricate, install, inspect, alter, repair, and service
529 automatic fire sprinkler systems for detached one-family
530 dwellings, detached two-family dwellings, and mobile homes,
531 excluding preengineered systems and excluding single-family
532 homes in cluster units, such as apartments, condominiums, and
533 assisted living facilities or any building that is connected to
534 other dwellings. A Contractor IV is limited to the scope of
535 practice specified in NFPA 13D.
536 (e) “Contractor V” means a contractor whose business is
537 limited to the execution of contracts requiring the ability to
538 fabricate, install, inspect, alter, repair, and service the
539 underground piping for a fire protection system using water as
540 the extinguishing agent beginning at the point of service as
541 defined in this act and ending no more than 1 foot above the
542 finished floor.
543
544 The definitions in this subsection may not be construed to
545 include engineers or architects and do not limit or prohibit a
546 licensed fire protection engineer or architect with fire
547 protection design experience from designing any type of fire
548 protection system. A distinction is made between system design
549 concepts prepared by the design professional and system layout
550 as defined in this section and typically prepared by the
551 contractor. However, a person certified as a Contractor I or,
552 Contractor II, or Contractor IV under this chapter may design
553 new fire protection systems of 49 or fewer sprinklers;, and may
554 design the alteration of an existing fire sprinkler system if
555 the alteration consists of the relocation, addition, or deletion
556 of not more than 49 or fewer sprinklers, notwithstanding the
557 size of the existing fire sprinkler system; or may design the
558 alteration of an existing fire sprinkler system if the
559 alteration consists of the relocation or deletion of 249 or
560 fewer sprinklers, notwithstanding the size of the existing fire
561 sprinkler system, if there is no change of occupancy, as defined
562 in the Florida Building Code, of the affected areas and there is
563 no change in the water demand as defined in National Fire
564 Protection Association publication NFPA 13 “Standard for the
565 Installation of Sprinkler Systems,” and if the occupancy hazard
566 classification as defined in NFPA 13 is reduced or remains the
567 same as a result of the alteration. A person certified as a
568 Contractor I, Contractor II, or Contractor IV may design or
569 alter a fire protection system, the scope of which complies with
570 NFPA 13D, Standard for the Installation of Sprinkler Systems in
571 One- and Two-Family Dwellings and Manufactured Homes, as adopted
572 by the State Fire Marshal, notwithstanding the number of fire
573 sprinklers. Contractor-developed plans may not be required by
574 any local permitting authority to be sealed by a registered
575 professional engineer.
576 Section 14. Section 633.136, Florida Statutes, is amended
577 to read:
578 633.136 Fire and Emergency Incident Information Reporting
579 Program; duties; fire reports.—
580 (1)(a) The Fire and Emergency Incident Information
581 Reporting Program is created within the division. The program
582 shall:
583 1. Establish and maintain an electronic communication
584 system capable of transmitting fire and emergency incident
585 information to and between fire service providers protection
586 agencies.
587 2. Initiate a Fire and Emergency Incident Information
588 Reporting System that shall be responsible for:
589 a. Receiving fire and emergency incident information from
590 fire service providers protection agencies.
591 b. Preparing and disseminating annual reports to the
592 Governor, the President of the Senate, the Speaker of the House
593 of Representatives, fire service providers protection agencies,
594 and, upon request, the public. Each report shall include, but
595 not be limited to, the information listed in the National Fire
596 Incident Reporting System.
597 c. Upon request, providing other states and federal
598 agencies with fire and emergency incident data of this state.
599 3. Adopt rules to effectively and efficiently implement,
600 administer, manage, maintain, and use the Fire and Emergency
601 Incident Information Reporting Program. The rules shall be
602 considered minimum requirements and shall not preclude a fire
603 service provider protection agency from implementing its own
604 requirements which may not conflict with the rules of the
605 division.
606 4. By rule, establish procedures and a format for each fire
607 service provider protection agency to voluntarily monitor its
608 records and submit reports to the program.
609 5. Maintain Establish an electronic information database
610 that is accessible and searchable by fire service providers
611 protection agencies.
612 (b) The division shall consult with the Florida Forest
613 Service of the Department of Agriculture and Consumer Services
614 and the State Surgeon General of the Department of Health to
615 coordinate data, ensure accuracy of the data, and limit
616 duplication of efforts in data collection, analysis, and
617 reporting.
618 (2) The Fire and Emergency Incident Information System
619 Technical Advisory Panel is created within the division. The
620 panel shall advise, review, and recommend to the State Fire
621 Marshal with respect to the requirements of this section. The
622 membership of the panel shall consist of the following 15
623 members:
624 (a) The current 13 members of the Firefighters Employment,
625 Standards, and Training Council as established in s. 633.402.
626 (b) One member from the Florida Forest Service of the
627 Department of Agriculture and Consumer Services, appointed by
628 the director of the Florida Forest Service.
629 (c) One member from the Department of Health, appointed by
630 the State Surgeon General.
631 (3) As used in For the purpose of this section, the term
632 “fire service provider” has the same meaning as in s. 633.102
633 “fire protection agency” shall be defined by rule by the
634 division.
635 Section 15. Subsections (18) and (20) of section 633.202,
636 Florida Statutes, are amended to read:
637 633.202 Florida Fire Prevention Code.—
638 (18) The authority having jurisdiction shall determine the
639 minimum radio signal strength for fire department communications
640 in all new high-rise and existing high-rise buildings. Existing
641 buildings are not required to comply with minimum radio strength
642 for fire department communications and two-way radio system
643 enhancement communications as required by the Florida Fire
644 Prevention Code until January 1, 2023 2022. However, by January
645 1, 2022 December 31, 2019, an existing building that is not in
646 compliance with the requirements for minimum radio strength for
647 fire department communications must have completed a minimum
648 radio strength assessment apply for an appropriate permit for
649 the required installation with the local government agency
650 having jurisdiction and must demonstrate that the building will
651 become compliant by January 1, 2023 2022. Existing apartment
652 buildings are not required to comply until January 1, 2025.
653 However, existing apartment buildings are required to apply for
654 the appropriate permit for the required communications
655 installation by December 31, 2022.
656 (20)(a) In apartment occupancies with enclosed corridors
657 served by interior or exterior exit stairs, doorstep refuse and
658 recycling collection containers, which stand upright on their
659 own and do not leak liquids when standing upright, must be
660 allowed in exit access corridors when all of the following
661 conditions exist:
662 1. The maximum doorstep refuse and recycling collection
663 container size does not exceed 13 gallons.
664 2. Waste, which is in a doorstep refuse and recycling
665 collection container, is not placed in the exit access corridors
666 for single periods exceeding 5 hours.
667 3. Doorstep refuse and recycling collection containers do
668 not occupy the exit access corridors for single periods
669 exceeding 12 hours.
670 4. Doorstep refuse and recycling collection containers do
671 not reduce the means of egress width below that required under
672 NFPA Life Safety Code 101:31, as adopted under the Florida Fire
673 Prevention Code.
674 5. Management staff have written policies and procedures in
675 place and enforce them to ensure compliance with this paragraph,
676 and, upon request, provide a copy of such policies and
677 procedures to the authority having jurisdiction.
678 (b) In apartment occupancies with open-air corridors or
679 balconies served by exterior exit stairs, doorstep refuse and
680 recycling collection containers, which stand upright on their
681 own and do not leak liquids when standing upright, must be
682 allowed in exit access corridors when all of the following
683 conditions exist:
684 1. The maximum doorstep refuse and recycling collection
685 container size does not exceed 27 gallons.
686 2. Waste, which is in a doorstep refuse and recycling
687 collection container, is not placed in the exit access corridors
688 for single periods exceeding 5 hours.
689 3. Doorstep refuse and recycling collection containers do
690 not reduce the means of egress width below that required under
691 NFPA Life Safety Code 101:31, as adopted under the Florida Fire
692 Prevention Code.
693 4. Management staff have written policies and procedures in
694 place and enforce them to ensure compliance with this paragraph,
695 and, upon request, provide a copy of such policies and
696 procedures to the authority having jurisdiction.
697 (c) The authority having jurisdiction may approve
698 alternative containers and storage arrangements that are
699 demonstrated to provide an equivalent level of safety to that
700 provided under paragraphs (a) and (b).
701 (d) The authority having jurisdiction shall allow apartment
702 occupancies a phase-in period until December 31, 2020, to comply
703 with this subsection.
704 (e) This subsection is repealed on January 1, 2024 July 1,
705 2021.
706 Section 16. Section 633.217, Florida Statutes, is created
707 to read:
708 633.217 Influencing a firesafety inspector; prohibited
709 acts.—
710 (1) A person may not influence a firesafety inspector by:
711 (a) Threatening, coercing, tricking, or attempting to
712 threaten, coerce, or trick the firesafety inspector into
713 violating any provision of the Florida Fire Prevention Code, any
714 rule adopted by the State Fire Marshal, or any provision of this
715 chapter.
716 (b) Offering any compensation to the firesafety inspector
717 to induce a violation of the Florida Fire Prevention Code, any
718 rule adopted by the State Fire Marshal, or any provision of this
719 chapter.
720 (2) A firesafety inspector may not knowingly and willfully
721 accept an attempt by a person to influence the firesafety
722 inspector into violating any provision of the Florida Fire
723 Prevention Code, any rule adopted by the State Fire Marshal, or
724 any provision of this chapter.
725 Section 17. Paragraphs (d), (g), and (h) of subsection (4)
726 of section 633.304, Florida Statutes, are amended to read:
727 633.304 Fire suppression equipment; license to install or
728 maintain.—
729 (4)
730 (d) A license of any class may not be issued or renewed by
731 the division and a license of any class does not remain
732 operative unless:
733 1. The applicant has submitted to the State Fire Marshal
734 evidence of registration as a Florida corporation or evidence of
735 compliance with s. 865.09.
736 2. The State Fire Marshal or his or her designee has by
737 inspection determined that the applicant possesses the equipment
738 required for the class of license sought. The State Fire Marshal
739 shall give an applicant a reasonable opportunity to correct any
740 deficiencies discovered by inspection. To obtain such
741 inspection, an applicant with facilities located outside this
742 state must:
743 a. Provide a notarized statement from a professional
744 engineer licensed by the applicant’s state of domicile
745 certifying that the applicant possesses the equipment required
746 for the class of license sought and that all such equipment is
747 operable; or
748 b. Allow the State Fire Marshal or her or his designee to
749 inspect the facility. All costs associated with the State Fire
750 Marshal’s inspection must be paid by the applicant. The State
751 Fire Marshal, in accordance with s. 120.54, may adopt rules to
752 establish standards for the calculation and establishment of the
753 amount of costs associated with any inspection conducted by the
754 State Fire Marshal under this section. Such rules must include
755 procedures for invoicing and receiving funds in advance of the
756 inspection.
757 3. The applicant has submitted to the State Fire Marshal
758 proof of insurance providing coverage for comprehensive general
759 liability for bodily injury and property damage, products
760 liability, completed operations, and contractual liability. The
761 State Fire Marshal shall adopt rules providing for the amounts
762 of such coverage, but such amounts may not be less than $300,000
763 for Class A or Class D licenses, $200,000 for Class B licenses,
764 and $100,000 for Class C licenses; and the total coverage for
765 any class of license held in conjunction with a Class D license
766 may not be less than $300,000. The State Fire Marshal may, at
767 any time after the issuance of a license or its renewal, require
768 upon demand, and in no event more than 30 days after notice of
769 such demand, the licensee to provide proof of insurance, on the
770 insurer’s form, containing confirmation of insurance coverage as
771 required by this chapter. Failure, for any length of time, to
772 provide proof of insurance coverage as required must result in
773 the immediate suspension of the license until proof of proper
774 insurance is provided to the State Fire Marshal. An insurer that
775 provides such coverage shall notify the State Fire Marshal of
776 any change in coverage or of any termination, cancellation, or
777 nonrenewal of any coverage.
778 4. The applicant applies to the State Fire Marshal,
779 provides proof of experience, and successfully completes a
780 prescribed training course that includes both written and
781 practical training offered at by the State Fire College and or
782 an equivalent course approved by the State Fire Marshal as
783 applicable to the class of license being sought. This
784 subparagraph does not apply to any holder of or applicant for a
785 permit under paragraph (g) or to a business organization or a
786 governmental entity seeking initial licensure or renewal of an
787 existing license solely for the purpose of inspecting,
788 servicing, repairing, marking, recharging, and maintaining fire
789 extinguishers used and located on the premises of and owned by
790 such organization or entity.
791 5. The applicant has a current retestor identification
792 number that is appropriate for the license for which the
793 applicant is applying and that is listed with the United States
794 Department of Transportation.
795 6. The applicant has passed, with a grade of at least 70
796 percent, a written examination testing his or her knowledge of
797 the rules and statutes governing the activities authorized by
798 the license and demonstrating his or her knowledge and ability
799 to perform those tasks in a competent, lawful, and safe manner.
800 Such examination must be developed and administered by the State
801 Fire Marshal, or his or her designee in accordance with policies
802 and procedures of the State Fire Marshal. An applicant shall pay
803 a nonrefundable examination fee of $50 for each examination or
804 reexamination scheduled. A reexamination may not be scheduled
805 sooner than 30 days after any administration of an examination
806 to an applicant. An applicant may not be permitted to take an
807 examination for any level of license more than a total of four
808 times during 1 year, regardless of the number of applications
809 submitted. As a prerequisite to licensure of the applicant, he
810 or she:
811 a. Must be at least 18 years of age.
812 b. Must have 4 years of proven experience as a fire
813 equipment permittee at a level equal to or greater than the
814 level of license applied for or have a combination of education
815 and experience determined to be equivalent thereto by the State
816 Fire Marshal. Having held a permit at the appropriate level for
817 the required period constitutes the required experience.
818 c. Must not have been convicted of a felony or a crime
819 punishable by imprisonment of 1 year or more under the law of
820 the United States or of any state thereof or under the law of
821 any other country. “Convicted” means a finding of guilt or the
822 acceptance of a plea of guilty or nolo contendere in any federal
823 or state court or a court in any other country, without regard
824 to whether a judgment of conviction has been entered by the
825 court having jurisdiction of the case. If an applicant has been
826 convicted of any such felony, the applicant is excluded from
827 licensure for a period of 4 years after expiration of sentence
828 or final release by the Florida Commission on Offender Review
829 unless the applicant, before the expiration of the 4-year
830 period, has received a full pardon or has had her or his civil
831 rights restored.
832
833 This subparagraph does not apply to any holder of or applicant
834 for a permit under paragraph (g) or to a business organization
835 or a governmental entity seeking initial licensure or renewal of
836 an existing license solely for the purpose of inspecting,
837 servicing, repairing, marking, recharging, hydrotesting, and
838 maintaining fire extinguishers used and located on the premises
839 of and owned by such organization or entity.
840 (g) A permit of any class may not be issued or renewed to a
841 person by the division, and a permit of any class does not
842 remain operative, unless the person has:
843 1. Submitted a nonrefundable examination fee in the amount
844 of $50.
845 2. Successfully completed a training course that includes
846 both written and practical training offered at by the State Fire
847 College and or an equivalent course approved by the State Fire
848 Marshal as applicable to the class of license being sought.
849 3. Passed, with a grade of at least 70 percent, a written
850 examination testing his or her knowledge of the rules and
851 statutes governing the activities authorized by the permit and
852 demonstrating his or her knowledge and ability to perform those
853 tasks in a competent, lawful, and safe manner. Such examination
854 must be developed and administered by the State Fire Marshal in
855 accordance with the policies and procedures of the State Fire
856 Marshal. An examination fee must be paid for each examination
857 scheduled. A reexamination may not be scheduled sooner than 30
858 days after any administration of an examination to an applicant.
859 An applicant may not be permitted to take an examination for any
860 level of permit more than four times during 1 year, regardless
861 of the number of applications submitted. As a prerequisite to
862 taking the permit examination, the applicant must be at least 16
863 years of age.
864 (h) An applicant for a license or permit under this section
865 who fails the examination may take it three more times during
866 the 1-year period after he or she originally filed an
867 application for the examination. If the applicant fails the
868 examination within 1 year after the application date and he or
869 she seeks to retake the examination, he or she must file a new
870 application, pay the application and examination fees, and
871 successfully complete a prescribed training course that includes
872 both written and practical training offered at by the State Fire
873 College and or an equivalent course approved by the State Fire
874 Marshal as applicable to the class of license being sought. The
875 applicant may not submit a new application within 6 months after
876 the date of his or her fourth reexamination. An applicant who
877 passes the examination but does not meet the remaining
878 qualifications prescribed by law and rule within 1 year after
879 the application date must file a new application, pay the
880 application and examination fee, successfully complete a
881 prescribed training course that includes both written and
882 practical training offered at approved by the State Fire College
883 and or an equivalent course approved by the State Fire Marshal
884 as applicable to the class of license being sought, and pass the
885 written examination.
886 Section 18. Subsection (1) of section 633.402, Florida
887 Statutes, is amended to read:
888 633.402 Firefighters Employment, Standards, and Training
889 Council; organization; meetings; quorum; compensation; seal;
890 special powers; firefighter training.—
891 (1) There is created within the department a Firefighters
892 Employment, Standards, and Training Council of 15 14 members.
893 (a) The members shall be appointed as follows:
894 1. Two fire chiefs appointed by the Florida Fire Chiefs
895 Association.
896 2. Two firefighters, who are not officers, appointed by the
897 Florida Professional Firefighters Association.
898 3. Two firefighter officers, who are not fire chiefs,
899 appointed by the State Fire Marshal.
900 4. One individual appointed by the Florida League of
901 Cities.
902 5. One individual appointed by the Florida Association of
903 Counties.
904 6. One individual appointed by the Florida Association of
905 Special Districts.
906 7. One individual appointed by the Florida Fire Marshals’
907 and Inspectors’ Association.
908 8. One employee of the Florida Forest Service of the
909 Department of Agriculture and Consumer Services appointed by the
910 director of the Florida Forest Service.
911 9. One individual appointed by the State Fire Marshal.
912 10. One director or instructor of a state-certified
913 firefighting training facility appointed by the State Fire
914 Marshal.
915 11. One individual The remaining member, who shall be
916 appointed by the State Fire Marshal, who may not be a member or
917 representative of the firefighting profession or of any local
918 government.
919 12. One individual from the Department of Health, appointed
920 by the Surgeon General.
921 (b) To be eligible for appointment as a member under
922 subparagraph (a)1., subparagraph (a)2., subparagraph (a)3.,
923 subparagraph (a)8., or subparagraph (a)10., a person must have
924 had at least 4 years’ experience in the firefighting profession.
925 Members shall serve only as long as they continue to meet the
926 criteria under which they were appointed, or unless a member has
927 failed to appear at three consecutive and properly noticed
928 meetings unless excused by the chair.
929 Section 19. Subsection (1) of section 633.416, Florida
930 Statutes, is amended to read:
931 633.416 Firefighter employment and volunteer firefighter
932 service; saving clause.—
933 (1) A fire service provider may not employ an individual
934 to:
935 (a) Extinguish fires for the protection of life or property
936 or to supervise individuals who perform such services unless the
937 individual holds a current and valid Firefighter Certificate of
938 Compliance. However, a person who is currently serving as a
939 volunteer firefighter and holds a volunteer firefighter
940 certificate of completion with a fire service provider, who is
941 then employed as a regular or permanent firefighter by such fire
942 service provider, may function, for a period of 1 year under the
943 direct supervision of an individual holding a valid firefighter
944 certificate of compliance, in the same capacity in which he or
945 she acted as a volunteer firefighter, provided that he or she
946 has completed all training required by the volunteer
947 organization. Under no circumstance can this period extend
948 beyond 1 year either collectively or consecutively from the
949 start of employment to obtain a Firefighter Certificate of
950 Compliance; or
951 (b) Serve as the administrative and command head of a fire
952 service provider for a period in excess of 1 year unless the
953 individual holds a current and valid Firefighter Certificate of
954 Compliance or Special Certificate of Compliance.
955 Section 20. Section 843.08, Florida Statutes, is amended to
956 read:
957 843.08 False personation.—A person who falsely assumes or
958 pretends to be a firefighter, a sheriff, an officer of the
959 Florida Highway Patrol, an officer of the Fish and Wildlife
960 Conservation Commission, an officer of the Department of
961 Environmental Protection, a fire or arson investigator of the
962 Department of Financial Services, an officer of the Department
963 of Financial Services, any personnel or representative of the
964 Division of Investigative and Forensic Services, an officer of
965 the Department of Corrections, a correctional probation officer,
966 a deputy sheriff, a state attorney or an assistant state
967 attorney, a statewide prosecutor or an assistant statewide
968 prosecutor, a state attorney investigator, a coroner, a police
969 officer, a lottery special agent or lottery investigator, a
970 beverage enforcement agent, a school guardian as described in s.
971 30.15(1)(k), a security officer licensed under chapter 493, any
972 member of the Florida Commission on Offender Review or any
973 administrative aide or supervisor employed by the commission,
974 any personnel or representative of the Department of Law
975 Enforcement, or a federal law enforcement officer as defined in
976 s. 901.1505, and takes upon himself or herself to act as such,
977 or to require any other person to aid or assist him or her in a
978 matter pertaining to the duty of any such officer, commits a
979 felony of the third degree, punishable as provided in s.
980 775.082, s. 775.083, or s. 775.084. However, a person who
981 falsely personates any such officer during the course of the
982 commission of a felony commits a felony of the second degree,
983 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
984 If the commission of the felony results in the death or personal
985 injury of another human being, the person commits a felony of
986 the first degree, punishable as provided in s. 775.082, s.
987 775.083, or s. 775.084.
988 Section 21. Paragraph (f) is added to subsection (11) of
989 section 943.045, Florida Statutes, to read:
990 943.045 Definitions; ss. 943.045-943.08.—The following
991 words and phrases as used in ss. 943.045-943.08 shall have the
992 following meanings:
993 (11) “Criminal justice agency” means:
994 (f) The investigations component of the Department of
995 Financial Services which investigates the crimes of fraud and
996 official misconduct in all public assistance given to residents
997 of the state or provided to others by the state.
998 Section 22. Effective upon this act becoming a law,
999 subsection (3) of section 40 of chapter 2019-140, Laws of
1000 Florida, is amended to read:
1001 Section 40. (3) The task force shall submit a report to the
1002 Governor, the President of the Senate, and the Speaker of the
1003 House of Representatives and present its findings to the
1004 appropriate legislative committees in each house of the
1005 Legislature by January 31, 2021 within 180 days after the
1006 initial meeting of the task force. The report must include:
1007 (a) A general description of the costs and benefits of
1008 state and local government agencies using blockchain technology.
1009 (b) Recommendations concerning the feasibility of
1010 implementing blockchain technology in the state and the best
1011 approach to finance the cost of implementation.
1012 (c) Recommendations for specific implementations to be
1013 developed by relevant state agencies.
1014 (d) Any draft legislation the task force deems appropriate
1015 to implement such blockchain technologies.
1016 (e) Identification of one pilot project that may be
1017 implemented in the state.
1018 (f) Any other information deemed relevant by the task
1019 force.
1020 Section 23. Except as otherwise expressly provided in this
1021 act and except for this section, which shall take effect upon
1022 this act becoming a law, this act shall take effect July 1,
1023 2020.
1024
1025 ================= T I T L E A M E N D M E N T ================
1026 And the title is amended as follows:
1027 Delete everything before the enacting clause
1028 and insert:
1029 A bill to be entitled
1030 An act relating to financial services; amending s.
1031 20.121, F.S.; specifying powers and duties of the
1032 Division of Public Assistance Fraud; creating s.
1033 284.45, F.S.; prohibiting individuals working for
1034 entities covered by the State Risk Management Trust
1035 Fund from engaging in retaliatory conduct against
1036 sexual harassment victims; defining the term “sexual
1037 harassment victim”; specifying a criminal penalty for
1038 the willful and knowing dissemination of a sexual
1039 harassment victim’s personal identifying information,
1040 except under certain circumstances; specifying
1041 protected personal identifying information; amending
1042 s. 497.101, F.S.; revising provisions relating to
1043 membership of the Board of Funeral, Cemetery, and
1044 Consumer Services within the department; deleting a
1045 requirement for the department to adopt certain rules;
1046 creating s. 497.1411, F.S.; defining terms; providing
1047 for permanent disqualification of applicants for
1048 licensure under ch. 497, F.S., for certain offenses;
1049 providing for disqualifying periods for applicants for
1050 certain offenses; requiring the board to adopt rules;
1051 providing for calculation of disqualifying periods;
1052 providing conditions for licensure after completion of
1053 a disqualifying period; specifying the effect of a
1054 pardon or clemency; providing for exemptions from
1055 disqualification in certain circumstances; providing
1056 procedures for consideration of applications for such
1057 exemptions; providing construction; amending s.
1058 497.142, F.S.; revising criminal history disclosure
1059 requirements for applicants seeking licensure under
1060 ch. 497, F.S.; amending s. 497.157, F.S.; prohibiting
1061 persons from acting as or advertising themselves as
1062 being funeral directors, embalmers, direct disposers,
1063 or preneed sales agents unless they are so licensed;
1064 prohibiting persons from engaging in certain
1065 activities requiring licensure without holding
1066 required licenses; revising the criminal penalty for
1067 unlicensed activity; amending s. 497.159, F.S.;
1068 conforming a provision to changes made by the act;
1069 amending s. 552.081, F.S.; revising the definition of
1070 the term “two-component explosives” for the purpose of
1071 regulation by the Division of State Fire Marshal;
1072 amending s. 553.7921, F.S.; authorizing a contractor
1073 repairing certain existing fire alarm systems to begin
1074 work after filing an application for a required permit
1075 but before receiving the permit; providing
1076 construction; amending s. 626.2815, F.S.; revising
1077 continuing education requirements for certain persons
1078 licensed to solicit, sell, or adjust insurance;
1079 amending s. 627.70132, F.S.; reducing the timeframe in
1080 which a notice of windstorm or hurricane claim must be
1081 given to a property insurer; creating s. 627.7154,
1082 F.S.; defining the term “water damage”; authorizing
1083 insurers offering homeowners’ insurance policies or
1084 endorsements to offer policies or endorsements with
1085 policy limits for water damage as low as a specified
1086 percentage; prohibiting such insurers from
1087 conditioning renewals upon the acceptance of certain
1088 policy limits; specifying premium discounts or credits
1089 that must be provided to policyholders who accept
1090 certain policy limits; requiring such insurers to
1091 provide a specified statement in policy documents;
1092 authorizing an insurer to condition the issuance or
1093 renewal of a homeowner’s insurance policy or the
1094 provision of full water damage coverage under certain
1095 circumstances; authorizing an insurer to require a
1096 water intrusion inspection before binding full water
1097 damage coverage; amending s. 633.102, F.S.; revising
1098 the authority of certain fire protection system
1099 contractors to design and alter certain systems;
1100 amending s. 633.136, F.S.; replacing fire protection
1101 agencies in the Fire and Emergency Incident
1102 Information Reporting Program with fire service
1103 providers and defining the term; revising the
1104 composition of the Fire and Emergency Incident
1105 Information System Technical Advisory Panel; amending
1106 s. 633.202, F.S.; extending a deadline for certain
1107 buildings to comply with a minimum radio signal
1108 strength requirement under the Florida Fire Prevention
1109 Code; requiring such buildings to meet certain
1110 conditions by a specified date; extending the repeal
1111 date of exemptions to the Florida Fire Prevention Code
1112 which authorize doorstep refuse and recycling
1113 collection containers to be in exit access corridors
1114 in certain apartment occupancies under certain
1115 circumstances; creating s. 633.217, F.S.; prohibiting
1116 certain acts to influence a firesafety inspector into
1117 violating certain laws; prohibiting a firesafety
1118 inspector from knowingly and willfully accepting an
1119 attempt to influence him or her into violating certain
1120 laws; amending s. 633.304, F.S.; revising requirements
1121 for training courses for licensees installing or
1122 maintaining certain fire suppression equipment;
1123 amending s. 633.402, F.S.; revising the composition of
1124 the Firefighters Employment, Standards, and Training
1125 Council; amending s. 633.416, F.S.; providing that
1126 certain persons serving as volunteer firefighters may
1127 serve as a regular or permanent firefighter for a
1128 limited period, subject to certain restrictions;
1129 amending s. 843.08, F.S.; prohibiting false
1130 personation of personnel or representatives of the
1131 Division of Investigative and Forensic Services;
1132 providing criminal penalties; amending s. 943.045,
1133 F.S.; revising the definition of the term “criminal
1134 justice agency” to include the investigations
1135 component of the department which investigates certain
1136 crimes; amending chapter 2019-140, L.O.F.; extending
1137 the deadline for the Florida Blockchain Task Force to
1138 submit its report to the Governor and the Legislature;
1139 providing effective dates.