Florida Senate - 2020 COMMITTEE AMENDMENT
Bill No. PCS (863198) for CS for SB 1404
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LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/04/2020 .
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The Committee on Appropriations (Perry) recommended the
following:
1 Senate Substitute for Amendment (489504) (with title
2 amendment)
3
4 Delete everything after the enacting clause
5 and insert:
6 Section 1. Paragraph (f) of subsection (2) of section
7 20.121, Florida Statutes, is amended to read:
8 20.121 Department of Financial Services.—There is created a
9 Department of Financial Services.
10 (2) DIVISIONS.—The Department of Financial Services shall
11 consist of the following divisions and office:
12 (f) The Division of Public Assistance Fraud, which shall
13 function as a criminal justice agency for purposes of ss.
14 943.045-943.08. The division shall conduct investigations
15 pursuant to s. 414.411 within or outside of this state as it
16 deems necessary. If, during an investigation, the division has
17 reason to believe that any criminal law of this state has or may
18 have been violated, it shall refer any records tending to show
19 such violation to state or federal law enforcement or
20 prosecutorial agencies and shall provide investigative
21 assistance to those agencies as required.
22 Section 2. Section 284.30, Florida Statutes, is amended to
23 read:
24 284.30 State Risk Management Trust Fund; coverages to be
25 provided.—A state self-insurance fund, designated as the “State
26 Risk Management Trust Fund,” is created to be set up by the
27 Department of Financial Services and administered with a program
28 of risk management, which fund is to provide insurance, as
29 authorized by s. 284.33, for workers’ compensation, general
30 liability, fleet automotive liability, federal civil rights
31 actions under 42 U.S.C. s. 1983 or similar federal statutes,
32 benefits payable under s. 112.1816(2), and court-awarded
33 attorney attorney’s fees in other proceedings against the state
34 except for such awards in eminent domain or for inverse
35 condemnation or for awards by the Public Employees Relations
36 Commission. A party to a suit in any court, to be entitled to
37 have his or her attorney attorney’s fees paid by the state or
38 any of its agencies, must serve a copy of the pleading claiming
39 the fees on the Department of Financial Services; and thereafter
40 the department shall be entitled to participate with the agency
41 in the defense of the suit and any appeal thereof with respect
42 to such fees.
43 Section 3. Section 284.31, Florida Statutes, is amended to
44 read:
45 284.31 Scope and types of coverages; separate accounts.—The
46 Insurance Risk Management Trust Fund shall, unless specifically
47 excluded by the Department of Financial Services, cover all
48 departments of the State of Florida and their employees, agents,
49 and volunteers and shall provide separate accounts for workers’
50 compensation, general liability, fleet automotive liability,
51 federal civil rights actions under 42 U.S.C. s. 1983 or similar
52 federal statutes, benefits payable under s. 112.1816(2), and
53 court-awarded attorney attorney’s fees in other proceedings
54 against the state except for such awards in eminent domain or
55 for inverse condemnation or for awards by the Public Employees
56 Relations Commission. Unless specifically excluded by the
57 Department of Financial Services, the Insurance Risk Management
58 Trust Fund shall provide fleet automotive liability coverage to
59 motor vehicles titled to the state, or to any department of the
60 state, when such motor vehicles are used by community
61 transportation coordinators performing, under contract to the
62 appropriate department of the state, services for the
63 transportation disadvantaged under part I of chapter 427. Such
64 fleet automotive liability coverage shall be primary and shall
65 be subject to the provisions of s. 768.28 and parts II and III
66 of chapter 284, and applicable rules adopted thereunder, and the
67 terms and conditions of the certificate of coverage issued by
68 the Department of Financial Services.
69 Section 4. Section 284.385, Florida Statutes, is amended to
70 read:
71 284.385 Reporting and handling of claims.—
72 (1) All departments covered by the State Risk Management
73 Trust Fund under this part shall immediately report all known or
74 potential claims to the Department of Financial Services for
75 handling, except employment complaints which have not been filed
76 with the Florida Human Relations Commission, Equal Employment
77 Opportunity Commission, or any similar agency. When deemed
78 necessary, the Department of Financial Services shall assign or
79 reassign the claim to counsel. The assigned counsel shall report
80 regularly to the Department of Financial Services or to the
81 covered department on the status of any such claims or
82 litigation as required by the Department of Financial Services.
83 No such claim shall be compromised or settled for monetary
84 compensation without the prior approval of the Department of
85 Financial Services and prior notification to the covered
86 department. All departments shall cooperate with the Department
87 of Financial Services in its handling of claims. The Department
88 of Financial Services and the Department of Management Services,
89 with the cooperation of the state attorneys and the clerks of
90 the courts, shall develop a system to coordinate the exchange of
91 information concerning claims for and against the state, its
92 agencies, and its subdivisions, to assist in collection of
93 amounts due to them. The covered department shall have the
94 responsibility for the settlement of any claim for injunctive or
95 affirmative relief under 42 U.S.C. s. 1983 or similar federal or
96 state statutes. The payment of a settlement or judgment for any
97 claim covered and reported under this part shall be made only
98 from the State Risk Management Trust Fund.
99 (2) Benefits provided under s. 112.1816(2) may not be paid
100 from the fund until each request for any out-of-pocket
101 deductible, copayment, or coinsurance costs and one-time cash
102 payout has been validated and approved by the Department of
103 Management Services.
104 Section 5. Section 284.45, Florida Statutes, is created to
105 read:
106 284.45 Sexual harassment victims.—
107 (1) An individual working for an entity covered by the
108 State Risk Management Trust Fund may not engage in retaliatory
109 conduct of any kind against a sexual harassment victim. As used
110 in this section, the term “sexual harassment victim” means an
111 individual employed, or being considered for employment, with an
112 entity participating in the State Risk Management Trust Fund,
113 who becomes a victim of workplace sexual harassment through the
114 course of employment, or while being considered for employment,
115 with the entity.
116 (2) The willful and knowing dissemination of personal
117 identifying information of a sexual harassment victim to any
118 party other than a governmental entity in furtherance of its
119 official duties or pursuant to a court order is a misdemeanor of
120 the first degree, punishable as provided in s. 775.082. For
121 purposes of this subsection, personal identifying information
122 includes the name of the sexual harassment victim and his or
123 her:
124 (a) Home address;
125 (b) Home phone number;
126 (c) Cellular phone number;
127 (d) E-mail address;
128 (e) Social media account username or uniform resource
129 locator (URL); or
130 (f) Any other information that could reasonably be used to
131 identify an alleged sexual harassment victim.
132 Section 6. Subsections (1), (2), (3), (6), and (8) of
133 section 497.101, Florida Statutes, are amended to read:
134 497.101 Board of Funeral, Cemetery, and Consumer Services;
135 membership; appointment; terms.—
136 (1) The Board of Funeral, Cemetery, and Consumer Services
137 is created within the Department of Financial Services and shall
138 consist of 10 members, 9 of whom shall be appointed by the
139 Governor from nominations made by the Chief Financial Officer
140 and confirmed by the Senate. The Chief Financial Officer shall
141 nominate one to three persons for each of the nine vacancies on
142 the board, and the Governor shall fill each vacancy on the board
143 by appointing one of the three persons nominated by the Chief
144 Financial Officer to fill that vacancy. If the Governor objects
145 to each of the three nominations for a vacancy, she or he shall
146 inform the Chief Financial Officer in writing. Upon notification
147 of an objection by the Governor, the Chief Financial Officer
148 shall submit one to three additional nominations for that
149 vacancy until the vacancy is filled. One member must be the
150 State Health Officer or her or his designee.
151 (2) Two members of the board shall be funeral directors
152 licensed under part III of this chapter who are associated with
153 a funeral establishment. One member of the board shall be a
154 funeral director licensed under part III of this chapter who is
155 associated with a funeral establishment licensed under part III
156 of this chapter that has a valid preneed license issued pursuant
157 to this chapter and who owns or operates a cinerator facility
158 approved under chapter 403 and licensed under part VI of this
159 chapter. Two members of the board shall be persons whose primary
160 occupation is associated with a cemetery company licensed
161 pursuant to this chapter. Two Three members of the board shall
162 be consumers who are residents of the state, have never been
163 licensed as funeral directors or embalmers, are not connected
164 with a cemetery or cemetery company licensed pursuant to this
165 chapter, and are not connected with the death care industry or
166 the practice of embalming, funeral directing, or direct
167 disposition. One of the two consumer members shall be at least
168 60 years of age, and one shall be licensed as a certified public
169 accountant under chapter 473. One member of the board shall be a
170 consumer who is a resident of this state; is licensed as a
171 certified public accountant under chapter 473; has never been
172 licensed as a funeral director or embalmer; is not a principal
173 or employee of any licensee licensed under this chapter; and
174 does not otherwise have control, as defined in s. 497.005, over
175 any licensee licensed under this chapter. One member of the
176 board shall be a principal of a monument establishment licensed
177 under this chapter as a monument builder. One member shall be
178 the State Health Officer or her or his designee. There shall not
179 be two or more board members who are principals or employees of
180 the same company or partnership or group of companies or
181 partnerships under common control.
182 (3) Board members shall be appointed for terms of 4 years,
183 and the State Health Officer shall serve as long as that person
184 holds that office. The designee of the State Health Officer
185 shall serve at the pleasure of the Governor. When the terms of
186 the initial board members expire, the Chief Financial Officer
187 shall stagger the terms of the successor members as follows: one
188 funeral director, one cemetery representative, the monument
189 builder, and one consumer member shall be appointed for terms of
190 2 years, and the remaining members shall be appointed for terms
191 of 4 years. All subsequent terms shall be for 4 years.
192 (6) The headquarters and records of the board shall be in
193 the Division of Funeral, Cemetery, and Consumer Services of the
194 Department of Financial Services in the City of Tallahassee. The
195 board may be contacted through the Division of Funeral,
196 Cemetery, and Consumer Services of the Department of Financial
197 Services in the City of Tallahassee. The Chief Financial Officer
198 shall annually appoint from among the board members a chair and
199 vice chair of the board. The board shall meet at least every 6
200 months, and more often as necessary. Special meetings of the
201 board shall be convened upon the direction of the Chief
202 Financial Officer. A quorum is necessary for the conduct of
203 business by the board. Unless otherwise provided by law, a
204 majority of the board members eligible to vote shall constitute
205 a quorum for the purpose of conducting its business six board
206 members shall constitute a quorum for the conduct of the board’s
207 business.
208 (8) The department shall adopt rules establishing forms by
209 which persons may apply for membership on the board and
210 procedures for applying for such membership. Such forms shall
211 require disclosure of the existence and nature of all current
212 and past employments by or contracts with, and direct or
213 indirect affiliations or interests in, any entity or business
214 that at any time was licensed by the board or by the former
215 Board of Funeral and Cemetery Services or the former Board of
216 Funeral Directors and Embalmers or that is or was otherwise
217 involved in the death care industry, as specified by department
218 rule.
219 Section 7. Section 497.1411, Florida Statutes, is created
220 to read:
221 497.1411 Disqualification of applicants and licensees;
222 penalties against licensees; rulemaking.—
223 (1) For purposes of this section, the term:
224 (a) “Applicant” means an individual applying for licensure
225 or relicensure under this chapter, and an officer, a director, a
226 majority owner, a partner, a manager, or other person who
227 manages or controls an entity applying for licensure or
228 relicensure under this chapter.
229 (b) “Felony of the first degree” and “capital felony”
230 include all felonies designated as such in this state at the
231 time of the commission of the offense, as well as any offense in
232 another jurisdiction that is substantially similar to an offense
233 so designated in this state.
234 (c) “Financial services business” means any financial
235 activity regulated by the department, the Office of Insurance
236 Regulation, or the Office of Financial Regulation.
237 (2) An applicant who has been found guilty of or has
238 pleaded guilty or nolo contendere to any of the following
239 crimes, regardless of adjudication, is permanently barred from
240 licensure under this chapter:
241 (a) A felony of the first degree.
242 (b) A capital felony.
243 (c) A felony money laundering offense.
244 (d) A felony embezzlement.
245 (3) An applicant who has been found guilty of or has
246 pleaded guilty or nolo contendere to a crime not included in
247 subsection (2), regardless of adjudication, is subject to:
248 (a) A 10-year disqualifying period for all felonies
249 involving moral turpitude that are not specifically included in
250 the permanent bar contained in subsection (2).
251 (b) A 5-year disqualifying period for all felonies to which
252 neither the permanent bar in subsection (2) nor the 10-year
253 disqualifying period in paragraph (a) applies.
254 (c) A 5-year disqualifying period for all misdemeanors
255 directly related to the financial services business.
256 (4) The board shall adopt rules to administer this section.
257 The rules must provide for additional disqualifying periods due
258 to the commitment of multiple crimes and may include other
259 factors reasonably related to the applicant’s criminal history.
260 The rules shall provide for mitigating and aggravating factors.
261 However, mitigation may not result in a period of
262 disqualification of less than 5 years and may not mitigate the
263 disqualifying periods in paragraphs (3)(b) and (c).
264 (5) For purposes of this section, a disqualifying period
265 begins upon the applicant’s final release from supervision or
266 upon completion of the applicant’s criminal sentence. The
267 department may not issue a license to an applicant unless all
268 related fines, court costs and fees, and court-ordered
269 restitution have been paid.
270 (6) After the disqualifying period has expired, the burden
271 is on the applicant to demonstrate that he or she has been
272 rehabilitated, does not pose a risk to the public, is fit and
273 trustworthy to engage in business regulated by this chapter, and
274 is otherwise qualified for licensure.
275 (7) Notwithstanding subsections (2) and (3), an applicant
276 who has been found guilty of, or has pleaded guilty or nolo
277 contendere to, a crime in subsection (2) or subsection (3) and
278 who has subsequently been granted a pardon or the restoration of
279 civil rights pursuant to chapter 940 and s. 8, Art. IV of the
280 State Constitution, or a pardon or the restoration of civil
281 rights under the laws of another jurisdiction with respect to a
282 conviction in that jurisdiction, is not barred or disqualified
283 from licensure under this chapter. However, such a pardon or
284 restoration of civil rights does not require the department to
285 award such license.
286 (8)(a) The board may grant an exemption from
287 disqualification to any person disqualified from licensure under
288 subsection (3) if:
289 1. The applicant has paid in full any fee, fine, fund,
290 lien, civil judgment, restitution, or cost of prosecution
291 imposed by the court as part of the judgment and sentence for
292 any disqualifying offense; and
293 2. At least 5 years have elapsed since the applicant
294 completed or has been lawfully released from confinement,
295 supervision, or nonmonetary condition imposed by the court for a
296 disqualifying offense.
297 (b) For the board to grant an exemption under this
298 subsection, the applicant must clearly and convincingly
299 demonstrate that he or she would not pose a risk to persons or
300 property if licensed under this chapter, evidence of which must
301 include, but need not be limited to, facts and circumstances
302 surrounding the disqualifying offense, the time that has elapsed
303 since the offense, the nature of the offense and harm caused to
304 the victim, the applicant’s history before and after the
305 offense, and any other evidence or circumstances indicating that
306 the applicant will not present a danger if licensed or
307 certified.
308 (c) The board has discretion whether to grant or deny an
309 exemption under this subsection. The board’s decision is subject
310 to chapter 120.
311 (9) The disqualification periods provided in this section
312 do not apply to the renewal of a license or to a new application
313 for licensure if the applicant has an active license as of July
314 1, 2020, and the applicable criminal history was considered by
315 the board on the prior approval of any active license held by
316 the applicant. This subsection does not affect any criminal
317 history disclosure requirement of this chapter.
318 Section 8. Subsection (9) and paragraph (c) of subsection
319 (10) of section 497.142, Florida Statutes, are amended to read:
320 497.142 Licensing; fingerprinting and criminal background
321 checks.—
322 (9) If any applicant under this chapter has been, within
323 the 10 years preceding the application under this chapter,
324 convicted or found guilty of, or entered a plea of nolo
325 contendere to, regardless of adjudication, any crime in any
326 jurisdiction, the application shall not be deemed complete until
327 such time as the applicant provides such certified true copies
328 of the court records evidencing the conviction, finding, or plea
329 as required by this section or, as the licensing authority may
330 by rule require.
331 (10)(c) Crimes to be disclosed are:
332 1. Any felony or misdemeanor, no matter when committed,
333 that was directly or indirectly related to or involving any
334 aspect of the practice or business of funeral directing,
335 embalming, direct disposition, cremation, funeral or cemetery
336 preneed sales, funeral establishment operations, cemetery
337 operations, or cemetery monument or marker sales or
338 installation.
339 2. Any misdemeanor, no matter when committed, which was
340 directly or indirectly related to the financial services
341 business as defined in s. 497.1411 Any other felony not already
342 disclosed under subparagraph 1. that was committed within the 20
343 years immediately preceding the application under this chapter.
344 3. Any other misdemeanor not already disclosed under
345 subparagraph 2. subparagraph 1. that was committed within the 5
346 years immediately preceding the application under this chapter.
347 Section 9. Present subsections (2) through (5) of section
348 497.157, Florida Statutes, are redesignated as subsections (4)
349 through (7), respectively, new subsections (2) and (3) and
350 subsection (8) are added to that section, and present subsection
351 (3) of that section is amended, to read:
352 497.157 Unlicensed practice; remedies concerning violations
353 by unlicensed persons.—
354 (2) A person may not be, act as, or advertise or hold
355 himself or herself out to be a funeral director, embalmer, or
356 direct disposer unless he or she is currently licensed by the
357 department.
358 (3) A person may not be, act as, or advertise or hold
359 himself or herself out to be a preneed sales agent unless he or
360 she is currently licensed by the department and appointed by a
361 preneed main licensee for which they are executing preneed
362 contracts.
363 (5)(3) Where the department determines that an emergency
364 exists regarding any violation of this chapter by any unlicensed
365 person or entity, the department may issue and serve an
366 immediate final order upon such unlicensed person or entity, in
367 accordance with s. 120.569(2)(n). Such an immediate final order
368 may impose such prohibitions and requirements as are reasonably
369 necessary to protect the public health, safety, and welfare, and
370 shall be effective when served.
371 (a) For the purpose of enforcing such an immediate final
372 order, the department may file an emergency or other proceeding
373 in the circuit courts of the state seeking enforcement of the
374 immediate final order by injunctive or other order of the court.
375 The court shall issue its injunction or other order enforcing
376 the immediate final order pending administrative resolution of
377 the matter under subsection (4) (2), unless the court determines
378 that such action would work a manifest injustice under the
379 circumstances. Venue for judicial actions under this paragraph
380 shall be, at the election of the department, in the courts of
381 Leon County, or in a county where the respondent resides or has
382 a place of business.
383 (b) After serving an immediate final order to cease and
384 desist upon any person or entity, the department shall within 10
385 days issue and serve upon the same person or entity an
386 administrative complaint as set forth in subsection (4) (2),
387 except that, absent order of a court to the contrary, the
388 immediate final order shall be effective throughout the pendency
389 of proceedings under subsection (4) (2).
390 (8) Any person who is not licensed under this chapter and
391 who engages in activity requiring licensure under this chapter
392 commits a felony of the third degree, punishable as provided in
393 s. 775.082, s. 775.083, or s. 775.084.
394 Section 10. Subsection (6) of section 497.159, Florida
395 Statutes, is amended to read:
396 497.159 Crimes.—
397 (6) Any person who is not licensed under this chapter who
398 engages in activity requiring licensure under this chapter,
399 commits a misdemeanor of the second degree, punishable as
400 provided in s. 775.082 or s. 775.083.
401 Section 11. Subsection (13) of section 552.081, Florida
402 Statutes, is amended to read:
403 552.081 Definitions.—As used in this chapter:
404 (13) “Two-component explosives” means any two inert
405 components which, when mixed, become capable of detonation by
406 any detonator a No. 6 blasting cap, and shall be classified as a
407 Class “A” explosive when so mixed.
408 Section 12. Present subsection (2) of section 553.7921,
409 Florida Statutes, is redesignated as subsection (3), a new
410 subsection (2) is added to that section, and subsection (1) of
411 that section is amended, to read:
412 553.7921 Fire alarm permit application to local enforcement
413 agency.—
414 (1) A contractor must file a Uniform Fire Alarm Permit
415 Application as provided in subsection (3) (2) with the local
416 enforcement agency and must receive the fire alarm permit
417 before:
418 (a) installing or replacing a fire alarm, if the local
419 enforcement agency requires a plan review for the installation
420 or replacement; or
421 (b) Repairing an existing alarm system that was previously
422 permitted by the local enforcement agency if the local
423 enforcement agency requires a fire alarm permit for the repair.
424 (2) If the local enforcement agency requires a fire alarm
425 permit to repair an existing alarm system that was previously
426 permitted by the local enforcement agency, a contractor may
427 begin work after filing a Uniform Fire Alarm Permit Application
428 as provided in subsection (3). A fire alarm repaired pursuant to
429 this subsection may not be considered compliant until the
430 required permit is issued and the local enforcement agency
431 approves the repair.
432 Section 13. Effective January 1, 2021, subsection (3) of
433 section 626.2815, Florida Statutes, is amended to read:
434 626.2815 Continuing education requirements.—
435 (3) Each licensee except a title insurance agent must
436 complete a 4-hour 5-hour update course every 2 years which is
437 specific to the license held by the licensee. The course must be
438 developed and offered by providers and approved by the
439 department. The content of the course must address all lines of
440 insurance for which examination and licensure are required and
441 include the following subject areas: insurance law updates,
442 ethics for insurance professionals, disciplinary trends and case
443 studies, industry trends, premium discounts, determining
444 suitability of products and services, and other similar
445 insurance-related topics the department determines are relevant
446 to legally and ethically carrying out the responsibilities of
447 the license granted. A licensee who holds multiple insurance
448 licenses must complete an update course that is specific to at
449 least one of the licenses held. Except as otherwise specified,
450 any remaining required hours of continuing education are
451 elective and may consist of any continuing education course
452 approved by the department under this section.
453 (a) Except as provided in paragraphs (b), (c), (d), (e),
454 (i), and (j), each licensee must also complete 20 19 hours of
455 elective continuing education courses every 2 years.
456 (b) A licensee who has been licensed for 6 or more years
457 must also complete a minimum of 16 15 hours of elective
458 continuing education every 2 years.
459 (c) A licensee who has been licensed for 25 years or more
460 and is a CLU or a CPCU or has a Bachelor of Science degree in
461 risk management or insurance with evidence of 18 or more
462 semester hours in insurance-related courses must also complete a
463 minimum of 6 5 hours of elective continuing education courses
464 every 2 years.
465 (d) An individual who holds a license as a customer
466 representative and who is not a licensed life or health agent
467 must also complete a minimum of 6 5 hours of continuing
468 education courses every 2 years.
469 (e) An individual subject to chapter 648 must complete the
470 4-hour 5-hour update course and a minimum of 10 9 hours of
471 elective continuing education courses every 2 years.
472 (f) Elective continuing education courses for public
473 adjusters must be specifically designed for public adjusters and
474 approved by the department. Notwithstanding this subsection,
475 public adjusters for workers’ compensation insurance or health
476 insurance are not required to take continuing education courses
477 pursuant to this section.
478 (g) Excess hours accumulated during any 2-year compliance
479 period may be carried forward to the next compliance period.
480 (h) An individual teaching an approved course of
481 instruction or lecturing at any approved seminar and attending
482 the entire course or seminar qualifies for the same number of
483 classroom hours as would be granted to a person taking and
484 successfully completing such course or seminar. Credit is
485 limited to the number of hours actually taught unless a person
486 attends the entire course or seminar. An individual who is an
487 official of or employed by a governmental entity in this state
488 and serves as a professor, instructor, or in another position or
489 office, the duties and responsibilities of which are determined
490 by the department to require monitoring and review of insurance
491 laws or insurance regulations and practices, is exempt from this
492 section.
493 (i) For compliance periods beginning on or after October 1,
494 2014, any person who holds a license as a title insurance agent
495 must complete a minimum of 10 hours of continuing education
496 credit every 2 years in title insurance and escrow management
497 specific to this state and approved by the department, which
498 shall include at least 3 hours of continuing education on the
499 subject matter of ethics, rules, or compliance with state and
500 federal regulations relating specifically to title insurance and
501 closing services.
502 (j) For a licensee who is an active participant in an
503 association, 2 hours of elective continuing education credit per
504 calendar year may be approved by the department, if properly
505 reported by the association.
506 Section 14. Section 627.70132, Florida Statutes, is amended
507 to read:
508 627.70132 Notice of windstorm or hurricane claim.—An
509 initial claim under an insurance policy that provides property
510 insurance, as defined in s. 624.604, for loss or damage caused
511 by the peril of windstorm or hurricane is barred unless notice
512 of the initial claim was given to the insurer in accordance with
513 the terms of the policy within 24 months after the hurricane
514 first made landfall or the windstorm caused the covered damage.
515 A claim, supplemental claim, or reopened claim under an
516 insurance policy that provides property insurance, as defined in
517 s. 624.604, for loss or damage caused by the peril of windstorm
518 or hurricane is barred unless notice of the claim, supplemental
519 claim, or reopened claim was given to the insurer in accordance
520 with the terms of the policy within 3 years after the hurricane
521 first made landfall or the windstorm caused the covered damage.
522 For purposes of this section, the term “supplemental claim” or
523 “reopened claim” means any additional claim for recovery from
524 the insurer for losses from the same hurricane or windstorm
525 which the insurer has previously adjusted pursuant to the
526 initial claim. This section does not affect any applicable
527 limitation on civil actions provided in s. 95.11 for claims,
528 supplemental claims, or reopened claims timely filed under this
529 section.
530 Section 15. Subsection (3) of section 633.102, Florida
531 Statutes, is amended to read:
532 633.102 Definitions.—As used in this chapter, the term:
533 (3)(a) “Contractor I” means a contractor whose business
534 includes the execution of contracts requiring the ability to lay
535 out, fabricate, install, inspect, alter, repair, and service all
536 types of fire protection systems, excluding preengineered
537 systems.
538 (b) “Contractor II” means a contractor whose business is
539 limited to the execution of contracts requiring the ability to
540 lay out, fabricate, install, inspect, alter, repair, and service
541 water sprinkler systems, water spray systems, foam-water
542 sprinkler systems, foam-water spray systems, standpipes,
543 combination standpipes and sprinkler risers, all piping that is
544 an integral part of the system beginning at the point of service
545 as defined in this section, sprinkler tank heaters, air lines,
546 thermal systems used in connection with sprinklers, and tanks
547 and pumps connected thereto, excluding preengineered systems.
548 (c) “Contractor III” means a contractor whose business is
549 limited to the execution of contracts requiring the ability to
550 fabricate, install, inspect, alter, repair, and service carbon
551 dioxide systems, foam extinguishing systems, dry chemical
552 systems, and Halon and other chemical systems, excluding
553 preengineered systems.
554 (d) “Contractor IV” means a contractor whose business is
555 limited to the execution of contracts requiring the ability to
556 lay out, fabricate, install, inspect, alter, repair, and service
557 automatic fire sprinkler systems for detached one-family
558 dwellings, detached two-family dwellings, and mobile homes,
559 excluding preengineered systems and excluding single-family
560 homes in cluster units, such as apartments, condominiums, and
561 assisted living facilities or any building that is connected to
562 other dwellings. A Contractor IV is limited to the scope of
563 practice specified in NFPA 13D.
564 (e) “Contractor V” means a contractor whose business is
565 limited to the execution of contracts requiring the ability to
566 fabricate, install, inspect, alter, repair, and service the
567 underground piping for a fire protection system using water as
568 the extinguishing agent beginning at the point of service as
569 defined in this act and ending no more than 1 foot above the
570 finished floor.
571
572 The definitions in this subsection may not be construed to
573 include engineers or architects and do not limit or prohibit a
574 licensed fire protection engineer or architect with fire
575 protection design experience from designing any type of fire
576 protection system. A distinction is made between system design
577 concepts prepared by the design professional and system layout
578 as defined in this section and typically prepared by the
579 contractor. However, a person certified as a Contractor I or,
580 Contractor II, or Contractor IV under this chapter may design
581 new fire protection systems of 49 or fewer sprinklers;, and may
582 design the alteration of an existing fire sprinkler system if
583 the alteration consists of the relocation, addition, or deletion
584 of not more than 49 or fewer sprinklers, notwithstanding the
585 size of the existing fire sprinkler system; or may design the
586 alteration of an existing fire sprinkler system if the
587 alteration consists of the relocation or deletion of 249 or
588 fewer sprinklers, notwithstanding the size of the existing fire
589 sprinkler system, if there is no change of occupancy, as defined
590 in the Florida Building Code, of the affected areas and there is
591 no change in the water demand as defined in National Fire
592 Protection Association publication NFPA 13 “Standard for the
593 Installation of Sprinkler Systems,” and if the occupancy hazard
594 classification as defined in NFPA 13 is reduced or remains the
595 same as a result of the alteration. A person certified as a
596 Contractor I, Contractor II, or Contractor IV may design or
597 alter a fire protection system, the scope of which complies with
598 NFPA 13D, Standard for the Installation of Sprinkler Systems in
599 One- and Two-Family Dwellings and Manufactured Homes, as adopted
600 by the State Fire Marshal, notwithstanding the number of fire
601 sprinklers. Contractor-developed plans may not be required by
602 any local permitting authority to be sealed by a registered
603 professional engineer.
604 Section 16. Section 633.136, Florida Statutes, is amended
605 to read:
606 633.136 Fire and Emergency Incident Information Reporting
607 Program; duties; fire reports.—
608 (1)(a) The Fire and Emergency Incident Information
609 Reporting Program is created within the division. The program
610 shall:
611 1. Establish and maintain an electronic communication
612 system capable of transmitting fire and emergency incident
613 information to and between fire service providers protection
614 agencies.
615 2. Initiate a Fire and Emergency Incident Information
616 Reporting System that shall be responsible for:
617 a. Receiving fire and emergency incident information from
618 fire service providers protection agencies.
619 b. Preparing and disseminating annual reports to the
620 Governor, the President of the Senate, the Speaker of the House
621 of Representatives, fire service providers protection agencies,
622 and, upon request, the public. Each report shall include, but
623 not be limited to, the information listed in the National Fire
624 Incident Reporting System.
625 c. Upon request, providing other states and federal
626 agencies with fire and emergency incident data of this state.
627 3. Adopt rules to effectively and efficiently implement,
628 administer, manage, maintain, and use the Fire and Emergency
629 Incident Information Reporting Program. The rules shall be
630 considered minimum requirements and shall not preclude a fire
631 service provider protection agency from implementing its own
632 requirements which may not conflict with the rules of the
633 division.
634 4. By rule, establish procedures and a format for each fire
635 service provider protection agency to voluntarily monitor its
636 records and submit reports to the program.
637 5. Maintain Establish an electronic information database
638 that is accessible and searchable by fire service providers
639 protection agencies.
640 (b) The division shall consult with the Florida Forest
641 Service of the Department of Agriculture and Consumer Services
642 and the State Surgeon General of the Department of Health to
643 coordinate data, ensure accuracy of the data, and limit
644 duplication of efforts in data collection, analysis, and
645 reporting.
646 (2) The Fire and Emergency Incident Information System
647 Technical Advisory Panel is created within the division. The
648 panel shall advise, review, and recommend to the State Fire
649 Marshal with respect to the requirements of this section. The
650 membership of the panel shall consist of the following 15
651 members:
652 (a) The current 13 members of the Firefighters Employment,
653 Standards, and Training Council as established in s. 633.402.
654 (b) One member from the Florida Forest Service of the
655 Department of Agriculture and Consumer Services, appointed by
656 the director of the Florida Forest Service.
657 (c) One member from the Department of Health, appointed by
658 the State Surgeon General.
659 (3) As used in For the purpose of this section, the term
660 “fire service provider” has the same meaning as in s. 633.102
661 “fire protection agency” shall be defined by rule by the
662 division.
663 Section 17. Subsections (18) and (20) of section 633.202,
664 Florida Statutes, are amended to read:
665 633.202 Florida Fire Prevention Code.—
666 (18) The authority having jurisdiction shall determine the
667 minimum radio signal strength for fire department communications
668 in all new high-rise and existing high-rise buildings. Existing
669 buildings are not required to comply with minimum radio strength
670 for fire department communications and two-way radio system
671 enhancement communications as required by the Florida Fire
672 Prevention Code until January 1, 2023 2022. However, by January
673 1, 2022 December 31, 2019, an existing building that is not in
674 compliance with the requirements for minimum radio strength for
675 fire department communications must have completed a minimum
676 radio strength assessment apply for an appropriate permit for
677 the required installation with the local government agency
678 having jurisdiction and must demonstrate that the building will
679 become compliant by January 1, 2023 2022. Existing apartment
680 buildings are not required to comply until January 1, 2025.
681 However, existing apartment buildings are required to apply for
682 the appropriate permit for the required communications
683 installation by December 31, 2022.
684 (20)(a) In apartment occupancies with enclosed corridors
685 served by interior or exterior exit stairs, doorstep refuse and
686 recycling collection containers, which stand upright on their
687 own and do not leak liquids when standing upright, must be
688 allowed in exit access corridors when all of the following
689 conditions exist:
690 1. The maximum doorstep refuse and recycling collection
691 container size does not exceed 13 gallons.
692 2. Waste, which is in a doorstep refuse and recycling
693 collection container, is not placed in the exit access corridors
694 for single periods exceeding 5 hours.
695 3. Doorstep refuse and recycling collection containers do
696 not occupy the exit access corridors for single periods
697 exceeding 12 hours.
698 4. Doorstep refuse and recycling collection containers do
699 not reduce the means of egress width below that required under
700 NFPA Life Safety Code 101:31, as adopted under the Florida Fire
701 Prevention Code.
702 5. Management staff have written policies and procedures in
703 place and enforce them to ensure compliance with this paragraph,
704 and, upon request, provide a copy of such policies and
705 procedures to the authority having jurisdiction.
706 (b) In apartment occupancies with open-air corridors or
707 balconies served by exterior exit stairs, doorstep refuse and
708 recycling collection containers, which stand upright on their
709 own and do not leak liquids when standing upright, must be
710 allowed in exit access corridors when all of the following
711 conditions exist:
712 1. The maximum doorstep refuse and recycling collection
713 container size does not exceed 27 gallons.
714 2. Waste, which is in a doorstep refuse and recycling
715 collection container, is not placed in the exit access corridors
716 for single periods exceeding 5 hours.
717 3. Doorstep refuse and recycling collection containers do
718 not reduce the means of egress width below that required under
719 NFPA Life Safety Code 101:31, as adopted under the Florida Fire
720 Prevention Code.
721 4. Management staff have written policies and procedures in
722 place and enforce them to ensure compliance with this paragraph,
723 and, upon request, provide a copy of such policies and
724 procedures to the authority having jurisdiction.
725 (c) The authority having jurisdiction may approve
726 alternative containers and storage arrangements that are
727 demonstrated to provide an equivalent level of safety to that
728 provided under paragraphs (a) and (b).
729 (d) The authority having jurisdiction shall allow apartment
730 occupancies a phase-in period until December 31, 2020, to comply
731 with this subsection.
732 (e) This subsection is repealed on January 1, 2024 July 1,
733 2021.
734 Section 18. Section 633.217, Florida Statutes, is created
735 to read:
736 633.217 Influencing a firesafety inspector; prohibited
737 acts.—
738 (1) A person may not influence a firesafety inspector by:
739 (a) Threatening, coercing, tricking, or attempting to
740 threaten, coerce, or trick the firesafety inspector into
741 violating any provision of the Florida Fire Prevention Code, any
742 rule adopted by the State Fire Marshal, or any provision of this
743 chapter.
744 (b) Offering any compensation to the firesafety inspector
745 to induce a violation of the Florida Fire Prevention Code, any
746 rule adopted by the State Fire Marshal, or any provision of this
747 chapter.
748 (2) A firesafety inspector may not knowingly and willfully
749 accept an attempt by a person to influence the firesafety
750 inspector into violating any provision of the Florida Fire
751 Prevention Code, any rule adopted by the State Fire Marshal, or
752 any provision of this chapter.
753 Section 19. Paragraphs (d), (g), and (h) of subsection (4)
754 of section 633.304, Florida Statutes, are amended to read:
755 633.304 Fire suppression equipment; license to install or
756 maintain.—
757 (4)
758 (d) A license of any class may not be issued or renewed by
759 the division and a license of any class does not remain
760 operative unless:
761 1. The applicant has submitted to the State Fire Marshal
762 evidence of registration as a Florida corporation or evidence of
763 compliance with s. 865.09.
764 2. The State Fire Marshal or his or her designee has by
765 inspection determined that the applicant possesses the equipment
766 required for the class of license sought. The State Fire Marshal
767 shall give an applicant a reasonable opportunity to correct any
768 deficiencies discovered by inspection. To obtain such
769 inspection, an applicant with facilities located outside this
770 state must:
771 a. Provide a notarized statement from a professional
772 engineer licensed by the applicant’s state of domicile
773 certifying that the applicant possesses the equipment required
774 for the class of license sought and that all such equipment is
775 operable; or
776 b. Allow the State Fire Marshal or her or his designee to
777 inspect the facility. All costs associated with the State Fire
778 Marshal’s inspection must be paid by the applicant. The State
779 Fire Marshal, in accordance with s. 120.54, may adopt rules to
780 establish standards for the calculation and establishment of the
781 amount of costs associated with any inspection conducted by the
782 State Fire Marshal under this section. Such rules must include
783 procedures for invoicing and receiving funds in advance of the
784 inspection.
785 3. The applicant has submitted to the State Fire Marshal
786 proof of insurance providing coverage for comprehensive general
787 liability for bodily injury and property damage, products
788 liability, completed operations, and contractual liability. The
789 State Fire Marshal shall adopt rules providing for the amounts
790 of such coverage, but such amounts may not be less than $300,000
791 for Class A or Class D licenses, $200,000 for Class B licenses,
792 and $100,000 for Class C licenses; and the total coverage for
793 any class of license held in conjunction with a Class D license
794 may not be less than $300,000. The State Fire Marshal may, at
795 any time after the issuance of a license or its renewal, require
796 upon demand, and in no event more than 30 days after notice of
797 such demand, the licensee to provide proof of insurance, on the
798 insurer’s form, containing confirmation of insurance coverage as
799 required by this chapter. Failure, for any length of time, to
800 provide proof of insurance coverage as required must result in
801 the immediate suspension of the license until proof of proper
802 insurance is provided to the State Fire Marshal. An insurer that
803 provides such coverage shall notify the State Fire Marshal of
804 any change in coverage or of any termination, cancellation, or
805 nonrenewal of any coverage.
806 4. The applicant applies to the State Fire Marshal,
807 provides proof of experience, and successfully completes a
808 prescribed training course that includes both written and
809 practical training offered at by the State Fire College and or
810 an equivalent course approved by the State Fire Marshal as
811 applicable to the class of license being sought. This
812 subparagraph does not apply to any holder of or applicant for a
813 permit under paragraph (g) or to a business organization or a
814 governmental entity seeking initial licensure or renewal of an
815 existing license solely for the purpose of inspecting,
816 servicing, repairing, marking, recharging, and maintaining fire
817 extinguishers used and located on the premises of and owned by
818 such organization or entity.
819 5. The applicant has a current retestor identification
820 number that is appropriate for the license for which the
821 applicant is applying and that is listed with the United States
822 Department of Transportation.
823 6. The applicant has passed, with a grade of at least 70
824 percent, a written examination testing his or her knowledge of
825 the rules and statutes governing the activities authorized by
826 the license and demonstrating his or her knowledge and ability
827 to perform those tasks in a competent, lawful, and safe manner.
828 Such examination must be developed and administered by the State
829 Fire Marshal, or his or her designee in accordance with policies
830 and procedures of the State Fire Marshal. An applicant shall pay
831 a nonrefundable examination fee of $50 for each examination or
832 reexamination scheduled. A reexamination may not be scheduled
833 sooner than 30 days after any administration of an examination
834 to an applicant. An applicant may not be permitted to take an
835 examination for any level of license more than a total of four
836 times during 1 year, regardless of the number of applications
837 submitted. As a prerequisite to licensure of the applicant, he
838 or she:
839 a. Must be at least 18 years of age.
840 b. Must have 4 years of proven experience as a fire
841 equipment permittee at a level equal to or greater than the
842 level of license applied for or have a combination of education
843 and experience determined to be equivalent thereto by the State
844 Fire Marshal. Having held a permit at the appropriate level for
845 the required period constitutes the required experience.
846 c. Must not have been convicted of a felony or a crime
847 punishable by imprisonment of 1 year or more under the law of
848 the United States or of any state thereof or under the law of
849 any other country. “Convicted” means a finding of guilt or the
850 acceptance of a plea of guilty or nolo contendere in any federal
851 or state court or a court in any other country, without regard
852 to whether a judgment of conviction has been entered by the
853 court having jurisdiction of the case. If an applicant has been
854 convicted of any such felony, the applicant is excluded from
855 licensure for a period of 4 years after expiration of sentence
856 or final release by the Florida Commission on Offender Review
857 unless the applicant, before the expiration of the 4-year
858 period, has received a full pardon or has had her or his civil
859 rights restored.
860
861 This subparagraph does not apply to any holder of or applicant
862 for a permit under paragraph (g) or to a business organization
863 or a governmental entity seeking initial licensure or renewal of
864 an existing license solely for the purpose of inspecting,
865 servicing, repairing, marking, recharging, hydrotesting, and
866 maintaining fire extinguishers used and located on the premises
867 of and owned by such organization or entity.
868 (g) A permit of any class may not be issued or renewed to a
869 person by the division, and a permit of any class does not
870 remain operative, unless the person has:
871 1. Submitted a nonrefundable examination fee in the amount
872 of $50.
873 2. Successfully completed a training course that includes
874 both written and practical training offered at by the State Fire
875 College and or an equivalent course approved by the State Fire
876 Marshal as applicable to the class of license being sought.
877 3. Passed, with a grade of at least 70 percent, a written
878 examination testing his or her knowledge of the rules and
879 statutes governing the activities authorized by the permit and
880 demonstrating his or her knowledge and ability to perform those
881 tasks in a competent, lawful, and safe manner. Such examination
882 must be developed and administered by the State Fire Marshal in
883 accordance with the policies and procedures of the State Fire
884 Marshal. An examination fee must be paid for each examination
885 scheduled. A reexamination may not be scheduled sooner than 30
886 days after any administration of an examination to an applicant.
887 An applicant may not be permitted to take an examination for any
888 level of permit more than four times during 1 year, regardless
889 of the number of applications submitted. As a prerequisite to
890 taking the permit examination, the applicant must be at least 16
891 years of age.
892 (h) An applicant for a license or permit under this section
893 who fails the examination may take it three more times during
894 the 1-year period after he or she originally filed an
895 application for the examination. If the applicant fails the
896 examination within 1 year after the application date and he or
897 she seeks to retake the examination, he or she must file a new
898 application, pay the application and examination fees, and
899 successfully complete a prescribed training course that includes
900 both written and practical training offered at by the State Fire
901 College and or an equivalent course approved by the State Fire
902 Marshal as applicable to the class of license being sought. The
903 applicant may not submit a new application within 6 months after
904 the date of his or her fourth reexamination. An applicant who
905 passes the examination but does not meet the remaining
906 qualifications prescribed by law and rule within 1 year after
907 the application date must file a new application, pay the
908 application and examination fee, successfully complete a
909 prescribed training course that includes both written and
910 practical training offered at approved by the State Fire College
911 and or an equivalent course approved by the State Fire Marshal
912 as applicable to the class of license being sought, and pass the
913 written examination.
914 Section 20. Subsection (1) of section 633.402, Florida
915 Statutes, is amended to read:
916 633.402 Firefighters Employment, Standards, and Training
917 Council; organization; meetings; quorum; compensation; seal;
918 special powers; firefighter training.—
919 (1) There is created within the department a Firefighters
920 Employment, Standards, and Training Council of 15 14 members.
921 (a) The members shall be appointed as follows:
922 1. Two fire chiefs appointed by the Florida Fire Chiefs
923 Association.
924 2. Two firefighters, who are not officers, appointed by the
925 Florida Professional Firefighters Association.
926 3. Two firefighter officers, who are not fire chiefs,
927 appointed by the State Fire Marshal.
928 4. One individual appointed by the Florida League of
929 Cities.
930 5. One individual appointed by the Florida Association of
931 Counties.
932 6. One individual appointed by the Florida Association of
933 Special Districts.
934 7. One individual appointed by the Florida Fire Marshals’
935 and Inspectors’ Association.
936 8. One employee of the Florida Forest Service of the
937 Department of Agriculture and Consumer Services appointed by the
938 director of the Florida Forest Service.
939 9. One individual appointed by the State Fire Marshal.
940 10. One director or instructor of a state-certified
941 firefighting training facility appointed by the State Fire
942 Marshal.
943 11. One individual The remaining member, who shall be
944 appointed by the State Fire Marshal, who may not be a member or
945 representative of the firefighting profession or of any local
946 government.
947 12. One individual from the Department of Health, appointed
948 by the Surgeon General.
949 (b) To be eligible for appointment as a member under
950 subparagraph (a)1., subparagraph (a)2., subparagraph (a)3.,
951 subparagraph (a)8., or subparagraph (a)10., a person must have
952 had at least 4 years’ experience in the firefighting profession.
953 Members shall serve only as long as they continue to meet the
954 criteria under which they were appointed, or unless a member has
955 failed to appear at three consecutive and properly noticed
956 meetings unless excused by the chair.
957 Section 21. Subsection (1) of section 633.416, Florida
958 Statutes, is amended to read:
959 633.416 Firefighter employment and volunteer firefighter
960 service; saving clause.—
961 (1) A fire service provider may not employ an individual
962 to:
963 (a) Extinguish fires for the protection of life or property
964 or to supervise individuals who perform such services unless the
965 individual holds a current and valid Firefighter Certificate of
966 Compliance. However, a person who is currently serving as a
967 volunteer firefighter and holds a volunteer firefighter
968 certificate of completion with a fire service provider, who is
969 then employed as a regular or permanent firefighter by such fire
970 service provider, may function, for a period of 1 year under the
971 direct supervision of an individual holding a valid firefighter
972 certificate of compliance, in the same capacity in which he or
973 she acted as a volunteer firefighter, provided that he or she
974 has completed all training required by the volunteer
975 organization. Under no circumstance can this period extend
976 beyond 1 year either collectively or consecutively from the
977 start of employment to obtain a Firefighter Certificate of
978 Compliance; or
979 (b) Serve as the administrative and command head of a fire
980 service provider for a period in excess of 1 year unless the
981 individual holds a current and valid Firefighter Certificate of
982 Compliance or Special Certificate of Compliance.
983 Section 22. Section 843.08, Florida Statutes, is amended to
984 read:
985 843.08 False personation.—A person who falsely assumes or
986 pretends to be a firefighter, a sheriff, an officer of the
987 Florida Highway Patrol, an officer of the Fish and Wildlife
988 Conservation Commission, an officer of the Department of
989 Environmental Protection, a fire or arson investigator of the
990 Department of Financial Services, an officer of the Department
991 of Financial Services, any personnel or representative of the
992 Division of Investigative and Forensic Services, an officer of
993 the Department of Corrections, a correctional probation officer,
994 a deputy sheriff, a state attorney or an assistant state
995 attorney, a statewide prosecutor or an assistant statewide
996 prosecutor, a state attorney investigator, a coroner, a police
997 officer, a lottery special agent or lottery investigator, a
998 beverage enforcement agent, a school guardian as described in s.
999 30.15(1)(k), a security officer licensed under chapter 493, any
1000 member of the Florida Commission on Offender Review or any
1001 administrative aide or supervisor employed by the commission,
1002 any personnel or representative of the Department of Law
1003 Enforcement, or a federal law enforcement officer as defined in
1004 s. 901.1505, and takes upon himself or herself to act as such,
1005 or to require any other person to aid or assist him or her in a
1006 matter pertaining to the duty of any such officer, commits a
1007 felony of the third degree, punishable as provided in s.
1008 775.082, s. 775.083, or s. 775.084. However, a person who
1009 falsely personates any such officer during the course of the
1010 commission of a felony commits a felony of the second degree,
1011 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
1012 If the commission of the felony results in the death or personal
1013 injury of another human being, the person commits a felony of
1014 the first degree, punishable as provided in s. 775.082, s.
1015 775.083, or s. 775.084.
1016 Section 23. Paragraph (f) is added to subsection (11) of
1017 section 943.045, Florida Statutes, to read:
1018 943.045 Definitions; ss. 943.045-943.08.—The following
1019 words and phrases as used in ss. 943.045-943.08 shall have the
1020 following meanings:
1021 (11) “Criminal justice agency” means:
1022 (f) The investigations component of the Department of
1023 Financial Services which investigates the crimes of fraud and
1024 official misconduct in all public assistance given to residents
1025 of the state or provided to others by the state.
1026 Section 24. Effective upon this act becoming a law,
1027 subsection (3) of section 40 of chapter 2019-140, Laws of
1028 Florida, is amended to read:
1029 Section 40. (3) The task force shall submit a report to the
1030 Governor, the President of the Senate, and the Speaker of the
1031 House of Representatives and present its findings to the
1032 appropriate legislative committees in each house of the
1033 Legislature by January 31, 2021 within 180 days after the
1034 initial meeting of the task force. The report must include:
1035 (a) A general description of the costs and benefits of
1036 state and local government agencies using blockchain technology.
1037 (b) Recommendations concerning the feasibility of
1038 implementing blockchain technology in the state and the best
1039 approach to finance the cost of implementation.
1040 (c) Recommendations for specific implementations to be
1041 developed by relevant state agencies.
1042 (d) Any draft legislation the task force deems appropriate
1043 to implement such blockchain technologies.
1044 (e) Identification of one pilot project that may be
1045 implemented in the state.
1046 (f) Any other information deemed relevant by the task
1047 force.
1048 Section 25. Except as otherwise expressly provided in this
1049 act and except for this section, which shall take effect upon
1050 this act becoming a law, this act shall take effect July 1,
1051 2020.
1052
1053 ================= T I T L E A M E N D M E N T ================
1054 And the title is amended as follows:
1055 Delete everything before the enacting clause
1056 and insert:
1057 A bill to be entitled
1058 An act relating to financial services; amending s.
1059 20.121, F.S.; specifying powers and duties of the
1060 Division of Public Assistance Fraud; amending s.
1061 284.30, F.S.; requiring the State Risk Management
1062 Trust Fund to provide insurance for certain
1063 firefighter cancer-related benefits; amending s.
1064 284.31, F.S.; requiring the Insurance Risk Management
1065 Trust Fund to provide a separate account for certain
1066 firefighter cancer-related benefits; amending s.
1067 284.385, F.S.; specifying a condition that must be met
1068 before such benefits may be paid from the State Risk
1069 Management Trust Fund; creating s. 284.45, F.S.;
1070 prohibiting individuals working for entities covered
1071 by the State Risk Management Trust Fund from engaging
1072 in retaliatory conduct against sexual harassment
1073 victims; defining the term “sexual harassment victim”;
1074 specifying a criminal penalty for the willful and
1075 knowing dissemination of a sexual harassment victim’s
1076 personal identifying information, except under certain
1077 circumstances; specifying protected personal
1078 identifying information; amending s. 497.101, F.S.;
1079 revising provisions relating to membership of the
1080 Board of Funeral, Cemetery, and Consumer Services
1081 within the Department of Financial Services; deleting
1082 a requirement for the department to adopt certain
1083 rules; creating s. 497.1411, F.S.; defining terms;
1084 providing for permanent disqualification of applicants
1085 for licensure under ch. 497, F.S., for certain
1086 offenses; providing for disqualifying periods for
1087 applicants for certain offenses; requiring the board
1088 to adopt rules; providing for calculation of
1089 disqualifying periods; providing conditions for
1090 licensure after completion of a disqualifying period;
1091 specifying the effect of a pardon or clemency;
1092 providing for exemptions from disqualification in
1093 certain circumstances; providing procedures for
1094 consideration of applications for such exemptions;
1095 providing construction; amending s. 497.142, F.S.;
1096 revising criminal history disclosure requirements for
1097 applicants seeking licensure under ch. 497, F.S.;
1098 amending s. 497.157, F.S.; prohibiting persons from
1099 acting as or advertising themselves as being funeral
1100 directors, embalmers, direct disposers, or preneed
1101 sales agents unless they are so licensed; prohibiting
1102 persons from engaging in certain activities requiring
1103 licensure without holding required licenses; revising
1104 the criminal penalty for unlicensed activity; amending
1105 s. 497.159, F.S.; conforming a provision to changes
1106 made by the act; amending s. 552.081, F.S.; revising
1107 the definition of the term “two-component explosives”
1108 for the purpose of regulation by the Division of State
1109 Fire Marshal; amending s. 553.7921, F.S.; authorizing
1110 a contractor repairing certain existing fire alarm
1111 systems to begin work after filing an application for
1112 a required permit but before receiving the permit;
1113 providing construction; amending s. 626.2815, F.S.;
1114 revising continuing education requirements for certain
1115 persons licensed to solicit, sell, or adjust
1116 insurance; amending s. 627.70132, F.S.; decreasing the
1117 timeframe in which a notice of an initial claim for
1118 loss or damage caused by the peril of windstorm or
1119 hurricane must be given to a property insurer;
1120 amending s. 633.102, F.S.; revising the authority of
1121 certain fire protection system contractors to design
1122 and alter certain systems; amending s. 633.136, F.S.;
1123 replacing fire protection agencies in the Fire and
1124 Emergency Incident Information Reporting Program with
1125 fire service providers and defining the term; revising
1126 the composition of the Fire and Emergency Incident
1127 Information System Technical Advisory Panel; amending
1128 s. 633.202, F.S.; extending a deadline for certain
1129 buildings to comply with a minimum radio signal
1130 strength requirement under the Florida Fire Prevention
1131 Code; requiring such buildings to meet certain
1132 conditions by a specified date; extending the repeal
1133 date of exemptions to the Florida Fire Prevention Code
1134 which authorize doorstep refuse and recycling
1135 collection containers to be in exit access corridors
1136 in certain apartment occupancies under certain
1137 circumstances; creating s. 633.217, F.S.; prohibiting
1138 certain acts to influence a firesafety inspector into
1139 violating certain laws; prohibiting a firesafety
1140 inspector from knowingly and willfully accepting an
1141 attempt to influence him or her into violating certain
1142 laws; amending s. 633.304, F.S.; revising requirements
1143 for training courses for licensees installing or
1144 maintaining certain fire suppression equipment;
1145 amending s. 633.402, F.S.; revising the composition of
1146 the Firefighters Employment, Standards, and Training
1147 Council; amending s. 633.416, F.S.; providing that
1148 certain persons serving as volunteer firefighters may
1149 serve as a regular or permanent firefighter for a
1150 limited period, subject to certain restrictions;
1151 amending s. 843.08, F.S.; prohibiting false
1152 personation of personnel or representatives of the
1153 Division of Investigative and Forensic Services;
1154 providing criminal penalties; amending s. 943.045,
1155 F.S.; revising the definition of the term “criminal
1156 justice agency” to include the investigations
1157 component of the department which investigates certain
1158 crimes; amending chapter 2019-140, L.O.F.; extending
1159 the deadline for the Florida Blockchain Task Force to
1160 submit its report to the Governor and the Legislature;
1161 providing effective dates.