Florida Senate - 2020 COMMITTEE AMENDMENT Bill No. SB 1404 Ì830734&Î830734 LEGISLATIVE ACTION Senate . House Comm: WD . 01/21/2020 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Banking and Insurance (Perry) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Between lines 325 and 326 4 insert: 5 Section 7. Paragraphs (d), (g), and (h) of subsection (4) 6 of section 633.304, Florida Statutes, are amended to read: 7 633.304 Fire suppression equipment; license to install or 8 maintain.— 9 (4) 10 (d) A license of any class may not be issued or renewed by 11 the division and a license of any class does not remain 12 operative unless: 13 1. The applicant has submitted to the State Fire Marshal 14 evidence of registration as a Florida corporation or evidence of 15 compliance with s. 865.09. 16 2. The State Fire Marshal or his or her designee has by 17 inspection determined that the applicant possesses the equipment 18 required for the class of license sought. The State Fire Marshal 19 shall give an applicant a reasonable opportunity to correct any 20 deficiencies discovered by inspection. To obtain such 21 inspection, an applicant with facilities located outside this 22 state must: 23 a. Provide a notarized statement from a professional 24 engineer licensed by the applicant’s state of domicile 25 certifying that the applicant possesses the equipment required 26 for the class of license sought and that all such equipment is 27 operable; or 28 b. Allow the State Fire Marshal or her or his designee to 29 inspect the facility. All costs associated with the State Fire 30 Marshal’s inspection must be paid by the applicant. The State 31 Fire Marshal, in accordance with s. 120.54, may adopt rules to 32 establish standards for the calculation and establishment of the 33 amount of costs associated with any inspection conducted by the 34 State Fire Marshal under this section. Such rules must include 35 procedures for invoicing and receiving funds in advance of the 36 inspection. 37 3. The applicant has submitted to the State Fire Marshal 38 proof of insurance providing coverage for comprehensive general 39 liability for bodily injury and property damage, products 40 liability, completed operations, and contractual liability. The 41 State Fire Marshal shall adopt rules providing for the amounts 42 of such coverage, but such amounts may not be less than $300,000 43 for Class A or Class D licenses, $200,000 for Class B licenses, 44 and $100,000 for Class C licenses; and the total coverage for 45 any class of license held in conjunction with a Class D license 46 may not be less than $300,000. The State Fire Marshal may, at 47 any time after the issuance of a license or its renewal, require 48 upon demand, and in no event more than 30 days after notice of 49 such demand, the licensee to provide proof of insurance, on the 50 insurer’s form, containing confirmation of insurance coverage as 51 required by this chapter. Failure, for any length of time, to 52 provide proof of insurance coverage as required must result in 53 the immediate suspension of the license until proof of proper 54 insurance is provided to the State Fire Marshal. An insurer that 55 provides such coverage shall notify the State Fire Marshal of 56 any change in coverage or of any termination, cancellation, or 57 nonrenewal of any coverage. 58 4. The applicant applies to the State Fire Marshal, 59 provides proof of experience, and successfully completes a 60 prescribed training course that includes both written and 61 practical training offered atbythe State Fire College andor62an equivalent courseapproved by the State Fire Marshal as 63 applicable to the class of license being sought. This 64 subparagraph does not apply to any holder of or applicant for a 65 permit under paragraph (g) or to a business organization or a 66 governmental entity seeking initial licensure or renewal of an 67 existing license solely for the purpose of inspecting, 68 servicing, repairing, marking, recharging, and maintaining fire 69 extinguishers used and located on the premises of and owned by 70 such organization or entity. 71 5. The applicant has a current retestor identification 72 number that is appropriate for the license for which the 73 applicant is applying and that is listed with the United States 74 Department of Transportation. 75 6. The applicant has passed, with a grade of at least 70 76 percent, a written examination testing his or her knowledge of 77 the rules and statutes governing the activities authorized by 78 the license and demonstrating his or her knowledge and ability 79 to perform those tasks in a competent, lawful, and safe manner. 80 Such examination must be developed and administered by the State 81 Fire Marshal, or his or her designee in accordance with policies 82 and procedures of the State Fire Marshal. An applicant shall pay 83 a nonrefundable examination fee of $50 for each examination or 84 reexamination scheduled. A reexamination may not be scheduled 85 sooner than 30 days after any administration of an examination 86 to an applicant. An applicant may not be permitted to take an 87 examination for any level of license more than a total of four 88 times during 1 year, regardless of the number of applications 89 submitted. As a prerequisite to licensure of the applicant, he 90 or she: 91 a. Must be at least 18 years of age. 92 b. Must have 4 years of proven experience as a fire 93 equipment permittee at a level equal to or greater than the 94 level of license applied for or have a combination of education 95 and experience determined to be equivalent thereto by the State 96 Fire Marshal. Having held a permit at the appropriate level for 97 the required period constitutes the required experience. 98 c. Must not have been convicted of a felony or a crime 99 punishable by imprisonment of 1 year or more under the law of 100 the United States or of any state thereof or under the law of 101 any other country. “Convicted” means a finding of guilt or the 102 acceptance of a plea of guilty or nolo contendere in any federal 103 or state court or a court in any other country, without regard 104 to whether a judgment of conviction has been entered by the 105 court having jurisdiction of the case. If an applicant has been 106 convicted of any such felony, the applicant is excluded from 107 licensure for a period of 4 years after expiration of sentence 108 or final release by the Florida Commission on Offender Review 109 unless the applicant, before the expiration of the 4-year 110 period, has received a full pardon or has had her or his civil 111 rights restored. 112 113 This subparagraph does not apply to any holder of or applicant 114 for a permit under paragraph (g) or to a business organization 115 or a governmental entity seeking initial licensure or renewal of 116 an existing license solely for the purpose of inspecting, 117 servicing, repairing, marking, recharging, hydrotesting, and 118 maintaining fire extinguishers used and located on the premises 119 of and owned by such organization or entity. 120 (g) A permit of any class may not be issued or renewed to a 121 person by the division, and a permit of any class does not 122 remain operative, unless the person has: 123 1. Submitted a nonrefundable examination fee in the amount 124 of $50. 125 2. Successfully completed a training course that includes 126 both written and practical training offered atbythe State Fire 127 College andor an equivalent courseapproved by the State Fire 128 Marshal as applicable to the class of license being sought. 129 3. Passed, with a grade of at least 70 percent, a written 130 examination testing his or her knowledge of the rules and 131 statutes governing the activities authorized by the permit and 132 demonstrating his or her knowledge and ability to perform those 133 tasks in a competent, lawful, and safe manner. Such examination 134 must be developed and administered by the State Fire Marshal in 135 accordance with the policies and procedures of the State Fire 136 Marshal. An examination fee must be paid for each examination 137 scheduled. A reexamination may not be scheduled sooner than 30 138 days after any administration of an examination to an applicant. 139 An applicant may not be permitted to take an examination for any 140 level of permit more than four times during 1 year, regardless 141 of the number of applications submitted. As a prerequisite to 142 taking the permit examination, the applicant must be at least 16 143 years of age. 144 (h) An applicant for a license or permit under this section 145 who fails the examination may take it three more times during 146 the 1-year period after he or she originally filed an 147 application for the examination. If the applicant fails the 148 examination within 1 year after the application date and he or 149 she seeks to retake the examination, he or she must file a new 150 application, pay the application and examination fees, and 151 successfully complete a prescribed training course that includes 152 both written and practical training offered atbythe State Fire 153 College andor an equivalent courseapproved by the State Fire 154 Marshal as applicable to the class of license being sought. The 155 applicant may not submit a new application within 6 months after 156 the date of his or her fourth reexamination. An applicant who 157 passes the examination but does not meet the remaining 158 qualifications prescribed by law and rule within 1 year after 159 the application date must file a new application, pay the 160 application and examination fee, successfully complete a 161 prescribed training course that includes both written and 162 practical training offered atapprovedbythe State Fire College 163 andor an equivalent courseapproved by the State Fire Marshal 164 as applicable to the class of license being sought, and pass the 165 written examination. 166 167 ================= T I T L E A M E N D M E N T ================ 168 And the title is amended as follows: 169 Delete line 35 170 and insert: 171 construction; amending s. 633.304, F.S.; specifying 172 that training courses offered by the State Fire 173 College must include a written and a practical element 174 and be approved by the State Fire Marshal; amending s. 175 633.416, F.S.; providing