Florida Senate - 2020              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. CS for SB 1404
       
       
       
       
       
                               Ì863198SÎ863198                          
       
       576-03880-20                                                    
       Proposed Committee Substitute by the Committee on Appropriations
       (Appropriations Subcommittee on Agriculture, Environment, and
       General Government)
    1                        A bill to be entitled                      
    2         An act relating to the Department of Financial
    3         Services; amending s. 20.121, F.S.; specifying powers
    4         and duties of the Division of Public Assistance Fraud;
    5         creating s. 284.45, F.S.; prohibiting individuals
    6         working for entities covered by the State Risk
    7         Management Trust Fund from engaging in retaliatory
    8         conduct against sexual harassment victims; defining
    9         the term “sexual harassment victim”; specifying a
   10         criminal penalty for the willful and knowing
   11         dissemination of a sexual harassment victim’s personal
   12         identifying information, except under certain
   13         circumstances; specifying protected personal
   14         identifying information; amending s. 497.101, F.S.;
   15         revising provisions relating to membership of the
   16         Board of Funeral, Cemetery, and Consumer Services
   17         within the department; deleting a requirement for the
   18         department to adopt certain rules; creating s.
   19         497.1411, F.S.; defining terms; providing for
   20         permanent disqualification of applicants for licensure
   21         under ch. 497, F.S., for certain offenses; providing
   22         for disqualifying periods for applicants for certain
   23         offenses; requiring the board to adopt rules;
   24         providing for calculation of disqualifying periods;
   25         providing conditions for licensure after completion of
   26         a disqualifying period; specifying the effect of a
   27         pardon or clemency; providing for exemptions from
   28         disqualification in certain circumstances; providing
   29         procedures for consideration of applications for such
   30         exemptions; providing construction; amending s.
   31         497.142, F.S.; revising criminal history disclosure
   32         requirements for applicants seeking licensure under
   33         ch. 497, F.S.; amending s. 497.157, F.S.; prohibiting
   34         persons from acting as or advertising themselves as
   35         being funeral directors, embalmers, direct disposers,
   36         or preneed sales agents unless they are so licensed;
   37         prohibiting persons from engaging in certain
   38         activities requiring licensure without holding
   39         required licenses; revising the criminal penalty for
   40         unlicensed activity; amending s. 497.159, F.S.;
   41         conforming a provision to changes made by the act;
   42         amending s. 497.459, F.S.; revising conditions under
   43         which a preneed licensee must provide certain persons
   44         a written notice of intent to distribute funds;
   45         requiring preneed licensees to conduct a certain
   46         analysis at specified intervals; requiring the preneed
   47         licensee, rather than the trustee, to conduct a
   48         certain diligent search and inquiry and mail the
   49         notice under certain circumstances; revising the
   50         timeframe for a failure to respond to the notice
   51         before funds are distributed; revising requirements
   52         for the distribution of funds; providing and revising
   53         construction relating to certain liability and rights;
   54         specifying requirements and procedures for fulfillment
   55         or cancellation of the preneed contract; providing
   56         applicability; amending s. 552.081, F.S.; revising the
   57         definition of the term “two-component explosives” for
   58         the purpose of regulation by the Division of State
   59         Fire Marshal; amending s. 553.7921, F.S.; authorizing
   60         a contractor repairing certain existing fire alarm
   61         systems to begin work after filing an application for
   62         a required permit but before receiving the permit;
   63         providing construction; amending s. 626.2815, F.S.;
   64         revising continuing education requirements for certain
   65         persons licensed to solicit, sell, or adjust
   66         insurance; amending s. 633.102, F.S.; revising the
   67         authority of certain fire protection system
   68         contractors to design and alter certain systems;
   69         amending s. 633.136, F.S.; replacing fire protection
   70         agencies in the Fire and Emergency Incident
   71         Information Reporting Program with fire service
   72         providers and defining the term; revising the
   73         composition of the Fire and Emergency Incident
   74         Information System Technical Advisory Panel; amending
   75         s. 633.202, F.S.; extending a deadline for certain
   76         buildings to comply with a minimum radio signal
   77         strength requirement under the Florida Fire Prevention
   78         Code; requiring such buildings to meet certain
   79         conditions by a specified date; extending the repeal
   80         date of exemptions to the Florida Fire Prevention Code
   81         which authorize doorstep refuse and recycling
   82         collection containers to be in exit access corridors
   83         in certain apartment occupancies under certain
   84         circumstances; creating s. 633.217, F.S.; prohibiting
   85         certain acts to influence a firesafety inspector into
   86         violating certain laws; prohibiting a firesafety
   87         inspector from knowingly and willfully accepting an
   88         attempt to influence him or her into violating certain
   89         laws; amending s. 633.304, F.S.; revising requirements
   90         for training courses for licensees installing or
   91         maintaining certain fire suppression equipment;
   92         amending s. 633.402, F.S.; revising the composition of
   93         the Firefighters Employment, Standards, and Training
   94         Council; amending s. 633.416, F.S.; providing that
   95         certain persons serving as volunteer firefighters may
   96         serve as a regular or permanent firefighter for a
   97         limited period, subject to certain restrictions;
   98         amending s. 843.08, F.S.; prohibiting false
   99         personation of personnel or representatives of the
  100         Division of Investigative and Forensic Services;
  101         providing criminal penalties; amending s. 943.045,
  102         F.S.; revising the definition of the term “criminal
  103         justice agency” to include the investigations
  104         component of the department which investigates certain
  105         crimes; amending chapter 2019-140, L.O.F.; renaming
  106         the Florida Blockchain Task Force as the Florida
  107         Financial Technology and Blockchain Task Force; adding
  108         duties to the task force relating to financial
  109         technology; revising the master plan of the task
  110         force; extending the deadline for the task force to
  111         submit its report to the Governor and the Legislature;
  112         providing effective dates.
  113          
  114  Be It Enacted by the Legislature of the State of Florida:
  115  
  116         Section 1. Paragraph (f) of subsection (2) of section
  117  20.121, Florida Statutes, is amended to read:
  118         20.121 Department of Financial Services.—There is created a
  119  Department of Financial Services.
  120         (2) DIVISIONS.—The Department of Financial Services shall
  121  consist of the following divisions and office:
  122         (f) The Division of Public Assistance Fraud, which shall
  123  function as a criminal justice agency for purposes of ss.
  124  943.045-943.08. The division shall conduct investigations
  125  pursuant to s. 414.411 within or outside of this state as it
  126  deems necessary. If, during an investigation, the division has
  127  reason to believe that any criminal law of this state has or may
  128  have been violated, it shall refer any records tending to show
  129  such violation to state or federal law enforcement or
  130  prosecutorial agencies and shall provide investigative
  131  assistance to those agencies as required.
  132         Section 2. Section 284.45, Florida Statutes, is created to
  133  read:
  134         284.45 Sexual harassment victims.—
  135         (1)An individual working for an entity covered by the
  136  State Risk Management Trust Fund may not engage in retaliatory
  137  conduct of any kind against a sexual harassment victim. As used
  138  in this section, the term “sexual harassment victim” means an
  139  individual employed, or being considered for employment, with an
  140  entity participating in the State Risk Management Trust Fund,
  141  who becomes a victim of workplace sexual harassment through the
  142  course of employment, or while being considered for employment,
  143  with the entity.
  144         (2)The willful and knowing dissemination of personal
  145  identifying information of a sexual harassment victim to any
  146  party other than a governmental entity in furtherance of its
  147  official duties or pursuant to a court order is a misdemeanor of
  148  the first degree, punishable as provided in s. 775.082. For
  149  purposes of this subsection, personal identifying information
  150  includes the name of the sexual harassment victim and his or
  151  her:
  152         (a)Home address;
  153         (b)Home phone number;
  154         (c)Cellular phone number;
  155         (d)E-mail address;
  156         (e)Social media account username or uniform resource
  157  locator (URL); or
  158         (f)Any other information that could reasonably be used to
  159  identify an alleged sexual harassment victim.
  160         Section 3. Subsections (1), (2), (3), (6), and (8) of
  161  section 497.101, Florida Statutes, are amended to read:
  162         497.101 Board of Funeral, Cemetery, and Consumer Services;
  163  membership; appointment; terms.—
  164         (1) The Board of Funeral, Cemetery, and Consumer Services
  165  is created within the Department of Financial Services and shall
  166  consist of 10 members, 9 of whom shall be appointed by the
  167  Governor from nominations made by the Chief Financial Officer
  168  and confirmed by the Senate. The Chief Financial Officer shall
  169  nominate one to three persons for each of the nine vacancies on
  170  the board, and the Governor shall fill each vacancy on the board
  171  by appointing one of the three persons nominated by the Chief
  172  Financial Officer to fill that vacancy. If the Governor objects
  173  to each of the three nominations for a vacancy, she or he shall
  174  inform the Chief Financial Officer in writing. Upon notification
  175  of an objection by the Governor, the Chief Financial Officer
  176  shall submit one to three additional nominations for that
  177  vacancy until the vacancy is filled. One member must be the
  178  State Health Officer or her or his designee.
  179         (2) Two members of the board shall be funeral directors
  180  licensed under part III of this chapter who are associated with
  181  a funeral establishment. One member of the board shall be a
  182  funeral director licensed under part III of this chapter who is
  183  associated with a funeral establishment licensed under part III
  184  of this chapter that has a valid preneed license issued pursuant
  185  to this chapter and who owns or operates a cinerator facility
  186  approved under chapter 403 and licensed under part VI of this
  187  chapter. Two members of the board shall be persons whose primary
  188  occupation is associated with a cemetery company licensed
  189  pursuant to this chapter. Two Three members of the board shall
  190  be consumers who are residents of the state, have never been
  191  licensed as funeral directors or embalmers, are not connected
  192  with a cemetery or cemetery company licensed pursuant to this
  193  chapter, and are not connected with the death care industry or
  194  the practice of embalming, funeral directing, or direct
  195  disposition. One of the two consumer members shall be at least
  196  60 years of age, and one shall be licensed as a certified public
  197  accountant under chapter 473. One member of the board shall be a
  198  consumer who is a resident of this state; is licensed as a
  199  certified public accountant under chapter 473; has never been
  200  licensed as a funeral director or embalmer; is not a principal
  201  or employee of any licensee licensed under this chapter; and
  202  does not otherwise have control, as defined in s. 497.005, over
  203  any licensee licensed under this chapter. One member of the
  204  board shall be a principal of a monument establishment licensed
  205  under this chapter as a monument builder. One member shall be
  206  the State Health Officer or her or his designee. There shall not
  207  be two or more board members who are principals or employees of
  208  the same company or partnership or group of companies or
  209  partnerships under common control.
  210         (3) Board members shall be appointed for terms of 4 years,
  211  and the State Health Officer shall serve as long as that person
  212  holds that office. The designee of the State Health Officer
  213  shall serve at the pleasure of the Governor. When the terms of
  214  the initial board members expire, the Chief Financial Officer
  215  shall stagger the terms of the successor members as follows: one
  216  funeral director, one cemetery representative, the monument
  217  builder, and one consumer member shall be appointed for terms of
  218  2 years, and the remaining members shall be appointed for terms
  219  of 4 years. All subsequent terms shall be for 4 years.
  220         (6) The headquarters and records of the board shall be in
  221  the Division of Funeral, Cemetery, and Consumer Services of the
  222  Department of Financial Services in the City of Tallahassee. The
  223  board may be contacted through the Division of Funeral,
  224  Cemetery, and Consumer Services of the Department of Financial
  225  Services in the City of Tallahassee. The Chief Financial Officer
  226  shall annually appoint from among the board members a chair and
  227  vice chair of the board. The board shall meet at least every 6
  228  months, and more often as necessary. Special meetings of the
  229  board shall be convened upon the direction of the Chief
  230  Financial Officer. A quorum is necessary for the conduct of
  231  business by the board. Unless otherwise provided by law, a
  232  majority of the board members eligible to vote shall constitute
  233  a quorum for the purpose of conducting its business six board
  234  members shall constitute a quorum for the conduct of the board’s
  235  business.
  236         (8)The department shall adopt rules establishing forms by
  237  which persons may apply for membership on the board and
  238  procedures for applying for such membership. Such forms shall
  239  require disclosure of the existence and nature of all current
  240  and past employments by or contracts with, and direct or
  241  indirect affiliations or interests in, any entity or business
  242  that at any time was licensed by the board or by the former
  243  Board of Funeral and Cemetery Services or the former Board of
  244  Funeral Directors and Embalmers or that is or was otherwise
  245  involved in the death care industry, as specified by department
  246  rule.
  247         Section 4. Section 497.1411, Florida Statutes, is created
  248  to read:
  249         497.1411Disqualification of applicants and licensees;
  250  penalties against licensees; rulemaking.—
  251         (1)For purposes of this section, the term:
  252         (a)“Applicant” means an individual applying for licensure
  253  or relicensure under this chapter, and an officer, a director, a
  254  majority owner, a partner, a manager, or other person who
  255  manages or controls an entity applying for licensure or
  256  relicensure under this chapter.
  257         (b)“Felony of the first degree” and “capital felony”
  258  include all felonies designated as such in this state at the
  259  time of the commission of the offense, as well as any offense in
  260  another jurisdiction that is substantially similar to an offense
  261  so designated in this state.
  262         (c)“Financial services business” means any financial
  263  activity regulated by the department, the Office of Insurance
  264  Regulation, or the Office of Financial Regulation.
  265         (2)An applicant who has been found guilty of or has
  266  pleaded guilty or nolo contendere to any of the following
  267  crimes, regardless of adjudication, is permanently barred from
  268  licensure under this chapter:
  269         (a)A felony of the first degree.
  270         (b)A capital felony.
  271         (c)A felony money laundering offense.
  272         (d)A felony embezzlement.
  273         (3)An applicant who has been found guilty of or has
  274  pleaded guilty or nolo contendere to a crime not included in
  275  subsection (2), regardless of adjudication, is subject to:
  276         (a)A 10-year disqualifying period for all felonies
  277  involving moral turpitude that are not specifically included in
  278  the permanent bar contained in subsection (2).
  279         (b)A 5-year disqualifying period for all felonies to which
  280  neither the permanent bar in subsection (2) nor the 10-year
  281  disqualifying period in paragraph (a) applies.
  282         (c)A 5-year disqualifying period for all misdemeanors
  283  directly related to the financial services business.
  284         (4)The board shall adopt rules to administer this section.
  285  The rules must provide for additional disqualifying periods due
  286  to the commitment of multiple crimes and may include other
  287  factors reasonably related to the applicant’s criminal history.
  288  The rules shall provide for mitigating and aggravating factors.
  289  However, mitigation may not result in a period of
  290  disqualification of less than 5 years and may not mitigate the
  291  disqualifying periods in paragraphs (3)(b) and (c).
  292         (5)For purposes of this section, a disqualifying period
  293  begins upon the applicant’s final release from supervision or
  294  upon completion of the applicant’s criminal sentence. The
  295  department may not issue a license to an applicant unless all
  296  related fines, court costs and fees, and court-ordered
  297  restitution have been paid.
  298         (6)After the disqualifying period has expired, the burden
  299  is on the applicant to demonstrate that he or she has been
  300  rehabilitated, does not pose a risk to the public, is fit and
  301  trustworthy to engage in business regulated by this chapter, and
  302  is otherwise qualified for licensure.
  303         (7)Notwithstanding subsections (2) and (3), an applicant
  304  who has been found guilty of, or has pleaded guilty or nolo
  305  contendere to, a crime in subsection (2) or subsection (3) and
  306  who has subsequently been granted a pardon or the restoration of
  307  civil rights pursuant to chapter 940 and s. 8, Art. IV of the
  308  State Constitution, or a pardon or the restoration of civil
  309  rights under the laws of another jurisdiction with respect to a
  310  conviction in that jurisdiction, is not barred or disqualified
  311  from licensure under this chapter. However, such a pardon or
  312  restoration of civil rights does not require the department to
  313  award such license.
  314         (8)(a)The board may grant an exemption from
  315  disqualification to any person disqualified from licensure under
  316  subsection (3) if:
  317         1.The applicant has paid in full any fee, fine, fund,
  318  lien, civil judgment, restitution, or cost of prosecution
  319  imposed by the court as part of the judgment and sentence for
  320  any disqualifying offense; and
  321         2.At least 5 years have elapsed since the applicant
  322  completed or has been lawfully released from confinement,
  323  supervision, or nonmonetary condition imposed by the court for a
  324  disqualifying offense.
  325         (b)For the board to grant an exemption under this
  326  subsection, the applicant must clearly and convincingly
  327  demonstrate that he or she would not pose a risk to persons or
  328  property if licensed under this chapter, evidence of which must
  329  include, but need not be limited to, facts and circumstances
  330  surrounding the disqualifying offense, the time that has elapsed
  331  since the offense, the nature of the offense and harm caused to
  332  the victim, the applicant’s history before and after the
  333  offense, and any other evidence or circumstances indicating that
  334  the applicant will not present a danger if licensed or
  335  certified.
  336         (c)The board has discretion whether to grant or deny an
  337  exemption under this subsection. The board’s decision is subject
  338  to chapter 120.
  339         (9)The disqualification periods provided in this section
  340  do not apply to the renewal of a license or to a new application
  341  for licensure if the applicant has an active license as of July
  342  1, 2020, and the applicable criminal history was considered by
  343  the board on the prior approval of any active license held by
  344  the applicant. This subsection does not affect any criminal
  345  history disclosure requirement of this chapter.
  346         Section 5. Subsection (9) and paragraph (c) of subsection
  347  (10) of section 497.142, Florida Statutes, are amended to read:
  348         497.142 Licensing; fingerprinting and criminal background
  349  checks.—
  350         (9) If any applicant under this chapter has been, within
  351  the 10 years preceding the application under this chapter,
  352  convicted or found guilty of, or entered a plea of nolo
  353  contendere to, regardless of adjudication, any crime in any
  354  jurisdiction, the application shall not be deemed complete until
  355  such time as the applicant provides such certified true copies
  356  of the court records evidencing the conviction, finding, or plea
  357  as required by this section or, as the licensing authority may
  358  by rule require.
  359         (10)(c) Crimes to be disclosed are:
  360         1. Any felony or misdemeanor, no matter when committed,
  361  that was directly or indirectly related to or involving any
  362  aspect of the practice or business of funeral directing,
  363  embalming, direct disposition, cremation, funeral or cemetery
  364  preneed sales, funeral establishment operations, cemetery
  365  operations, or cemetery monument or marker sales or
  366  installation.
  367         2. Any misdemeanor, no matter when committed, which was
  368  directly or indirectly related to the financial services
  369  business as defined in s. 497.1411 Any other felony not already
  370  disclosed under subparagraph 1. that was committed within the 20
  371  years immediately preceding the application under this chapter.
  372         3. Any other misdemeanor not already disclosed under
  373  subparagraph 2. subparagraph 1. that was committed within the 5
  374  years immediately preceding the application under this chapter.
  375         Section 6. Present subsections (2) through (5) of section
  376  497.157, Florida Statutes, are redesignated as subsections (4)
  377  through (7), respectively, new subsections (2) and (3) and
  378  subsection (8) are added to that section, and present subsection
  379  (3) of that section is amended, to read:
  380         497.157 Unlicensed practice; remedies concerning violations
  381  by unlicensed persons.—
  382         (2)A person may not be, act as, or advertise or hold
  383  himself or herself out to be a funeral director, embalmer, or
  384  direct disposer unless he or she is currently licensed by the
  385  department.
  386         (3)A person may not be, act as, or advertise or hold
  387  himself or herself out to be a preneed sales agent unless he or
  388  she is currently licensed by the department and appointed by a
  389  preneed main licensee for which they are executing preneed
  390  contracts.
  391         (5)(3) Where the department determines that an emergency
  392  exists regarding any violation of this chapter by any unlicensed
  393  person or entity, the department may issue and serve an
  394  immediate final order upon such unlicensed person or entity, in
  395  accordance with s. 120.569(2)(n). Such an immediate final order
  396  may impose such prohibitions and requirements as are reasonably
  397  necessary to protect the public health, safety, and welfare, and
  398  shall be effective when served.
  399         (a) For the purpose of enforcing such an immediate final
  400  order, the department may file an emergency or other proceeding
  401  in the circuit courts of the state seeking enforcement of the
  402  immediate final order by injunctive or other order of the court.
  403  The court shall issue its injunction or other order enforcing
  404  the immediate final order pending administrative resolution of
  405  the matter under subsection (4) (2), unless the court determines
  406  that such action would work a manifest injustice under the
  407  circumstances. Venue for judicial actions under this paragraph
  408  shall be, at the election of the department, in the courts of
  409  Leon County, or in a county where the respondent resides or has
  410  a place of business.
  411         (b) After serving an immediate final order to cease and
  412  desist upon any person or entity, the department shall within 10
  413  days issue and serve upon the same person or entity an
  414  administrative complaint as set forth in subsection (4) (2),
  415  except that, absent order of a court to the contrary, the
  416  immediate final order shall be effective throughout the pendency
  417  of proceedings under subsection (4) (2).
  418         (8)Any person who is not licensed under this chapter and
  419  who engages in activity requiring licensure under this chapter
  420  commits a felony of the third degree, punishable as provided in
  421  s. 775.082, s. 775.083, or s. 775.084.
  422         Section 7. Subsection (6) of section 497.159, Florida
  423  Statutes, is amended to read:
  424         497.159 Crimes.—
  425         (6) Any person who is not licensed under this chapter who
  426  engages in activity requiring licensure under this chapter,
  427  commits a misdemeanor of the second degree, punishable as
  428  provided in s. 775.082 or s. 775.083.
  429         Section 8. Subsection (7) of section 497.459, Florida
  430  Statutes, is amended to read:
  431         497.459 Cancellation of, or default on, preneed contracts;
  432  required notice.—
  433         (7) NOTICE TO PURCHASER OR LEGALLY AUTHORIZED PERSON.—
  434         (a) To ensure the performance of unfulfilled preneed
  435  contracts, upon the occurrence of the earlier earliest of either
  436  any of the following events, a preneed licensee shall provide to
  437  the purchaser or to the beneficiary’s legally authorized person
  438  written notice of the preneed licensee’s intent to distribute
  439  funds as described herein in accordance with the terms of the
  440  preneed contract, if any such terms exist obligation of the
  441  preneed licensee remains to be fulfilled under the contract:
  442         1. Fifty years after the date of execution of the preneed
  443  contract by the purchaser.
  444         2. The beneficiary of the preneed contract attains the age
  445  of 105 years of age or older.
  446         3. The social security number of the beneficiary of the
  447  preneed contract, as shown on the contract, is contained within
  448  the United States Social Security Administration Death Master
  449  File.
  450  
  451  By July 1, 2021, and at least every 3 years thereafter, a
  452  preneed licensee shall conduct an analysis of each of its
  453  preneed contracts to determine if subparagraph 1. or
  454  subparagraph 2. applies.
  455         (b)1. The notice in paragraph (a) must be provided by
  456  certified mail, registered mail, or permitted delivery service,
  457  return receipt requested, to the last known mailing address of
  458  the purchaser or the beneficiary’s legally authorized person,
  459  whichever is applicable, as provided to the preneed licensee. If
  460  the notice is returned as undeliverable within 30 calendar days
  461  after the preneed licensee sent the notice, the preneed licensee
  462  trustee shall perform a diligent search and inquiry to obtain a
  463  different address for the purchaser or the beneficiary’s legally
  464  authorized person, whichever is applicable. For purposes of this
  465  subparagraph, any address known and used by the purchaser or the
  466  beneficiary’s legally authorized person, whichever is
  467  applicable, for sending regular mailings or other communications
  468  from the purchaser or the beneficiary’s legally authorized
  469  person, whichever is applicable, to the preneed licensee or any
  470  address produced through a current address service or searchable
  471  database shall be included with other addresses produced from
  472  the diligent search and inquiry, if any. If the preneed
  473  licensee’s trustee’s diligent search and inquiry produces an
  474  address different from the notice address, the preneed licensee
  475  trustee shall mail a copy of the notice by certified mail,
  476  registered mail, or permitted delivery service, return receipt
  477  requested, to any and all addresses produced as a result of the
  478  diligent search and inquiry.
  479         2. If the purchaser or the beneficiary’s legally authorized
  480  person, whichever is applicable, fails to respond to such notice
  481  within 3 years 120 days after delivery of the last mailed notice
  482  under subparagraph 1., the funds held in trust must be
  483  distributed within 60 days after the end of the 3-year period
  484  and in accordance with any applicable provision of chapter 717,
  485  as follows:
  486         a.The principal deposited into trust must be remitted to
  487  the Unclaimed Property Trust Fund.
  488         b.Any additional funds in trust must be remitted to the
  489  preneed licensee.
  490  
  491  Upon the occurrence of the distribution from trust, the preneed
  492  licensee is absolved of all liability associated with the
  493  preneed contract for which funds were distributed, including any
  494  obligation to refund any monies paid by a purchaser of a preneed
  495  contract. The names of the purchaser and the beneficiary of any
  496  preneed contract for which funds were distributed must be
  497  provided to the Division of Unclaimed Property at the time such
  498  funds are remitted to the Unclaimed Property Trust Fund.
  499         (c)A purchaser or a beneficiary that receive the notice
  500  required under this subsection retains all rights to fulfillment
  501  or cancellation of the preneed contract during the time between
  502  the issuance of the notice and the distribution described in
  503  subparagraph (b)2. Legally authorized persons, in the priority
  504  set forth in this chapter, of the purchaser or beneficiary may
  505  obtain fulfillment or cancellation of the preneed contract. Such
  506  fulfillment may include identifying a new beneficiary on the
  507  preneed contract. A preneed licensee shall provide fulfillment
  508  or cancellation of the preneed contract upon the attestation of
  509  any one legally authorized person that he or she is not aware of
  510  an objection to the requested action by any person in his or her
  511  priority class or a higher priority class. If the legally
  512  authorized person chooses to identify a new beneficiary on the
  513  preneed contract, the preneed contract is deemed effective as of
  514  the date of the identification of the new beneficiary in
  515  accordance with the terms of the preneed contract, the trust
  516  agreement, and any applicable provisions of chapter 717.
  517         (c) This subsection does not affect a purchaser’s rights to
  518  cancel the preneed contract and receive a refund or a preneed
  519  licensee’s obligations to refund established by this chapter.
  520         (d) This section does not apply to any interment
  521  merchandise or services associated with such interment rights.
  522         (e) The licensing authority shall have authority to adopt
  523  rules for the review and approval of notice forms used by
  524  preneed licensees to provide notice under this subsection.
  525         Section 9. Subsection (13) of section 552.081, Florida
  526  Statutes, is amended to read:
  527         552.081 Definitions.—As used in this chapter:
  528         (13) “Two-component explosives” means any two inert
  529  components which, when mixed, become capable of detonation by
  530  any detonator a No. 6 blasting cap, and shall be classified as a
  531  Class “A” explosive when so mixed.
  532         Section 10. Present subsection (2) of section 553.7921,
  533  Florida Statutes, is redesignated as subsection (3), a new
  534  subsection (2) is added to that section, and subsection (1) of
  535  that section is amended, to read:
  536         553.7921 Fire alarm permit application to local enforcement
  537  agency.—
  538         (1) A contractor must file a Uniform Fire Alarm Permit
  539  Application as provided in subsection (3) (2) with the local
  540  enforcement agency and must receive the fire alarm permit
  541  before:
  542         (a) installing or replacing a fire alarm, if the local
  543  enforcement agency requires a plan review for the installation
  544  or replacement; or
  545         (b) Repairing an existing alarm system that was previously
  546  permitted by the local enforcement agency if the local
  547  enforcement agency requires a fire alarm permit for the repair.
  548         (2) If the local enforcement agency requires a fire alarm
  549  permit to repair an existing alarm system that was previously
  550  permitted by the local enforcement agency, a contractor may
  551  begin work after filing a Uniform Fire Alarm Permit Application
  552  as provided in subsection (3). A fire alarm repaired pursuant to
  553  this subsection may not be considered compliant until the
  554  required permit is issued and the local enforcement agency
  555  approves the repair.
  556         Section 11. Effective January 1, 2021, subsection (3) of
  557  section 626.2815, Florida Statutes, is amended to read:
  558         626.2815 Continuing education requirements.—
  559         (3) Each licensee except a title insurance agent must
  560  complete a 4-hour 5-hour update course every 2 years which is
  561  specific to the license held by the licensee. The course must be
  562  developed and offered by providers and approved by the
  563  department. The content of the course must address all lines of
  564  insurance for which examination and licensure are required and
  565  include the following subject areas: insurance law updates,
  566  ethics for insurance professionals, disciplinary trends and case
  567  studies, industry trends, premium discounts, determining
  568  suitability of products and services, and other similar
  569  insurance-related topics the department determines are relevant
  570  to legally and ethically carrying out the responsibilities of
  571  the license granted. A licensee who holds multiple insurance
  572  licenses must complete an update course that is specific to at
  573  least one of the licenses held. Except as otherwise specified,
  574  any remaining required hours of continuing education are
  575  elective and may consist of any continuing education course
  576  approved by the department under this section.
  577         (a) Except as provided in paragraphs (b), (c), (d), (e),
  578  (i), and (j), each licensee must also complete 20 19 hours of
  579  elective continuing education courses every 2 years.
  580         (b) A licensee who has been licensed for 6 or more years
  581  must also complete a minimum of 16 15 hours of elective
  582  continuing education every 2 years.
  583         (c) A licensee who has been licensed for 25 years or more
  584  and is a CLU or a CPCU or has a Bachelor of Science degree in
  585  risk management or insurance with evidence of 18 or more
  586  semester hours in insurance-related courses must also complete a
  587  minimum of 6 5 hours of elective continuing education courses
  588  every 2 years.
  589         (d) An individual who holds a license as a customer
  590  representative and who is not a licensed life or health agent
  591  must also complete a minimum of 6 5 hours of continuing
  592  education courses every 2 years.
  593         (e) An individual subject to chapter 648 must complete the
  594  4-hour 5-hour update course and a minimum of 10 9 hours of
  595  elective continuing education courses every 2 years.
  596         (f) Elective continuing education courses for public
  597  adjusters must be specifically designed for public adjusters and
  598  approved by the department. Notwithstanding this subsection,
  599  public adjusters for workers’ compensation insurance or health
  600  insurance are not required to take continuing education courses
  601  pursuant to this section.
  602         (g) Excess hours accumulated during any 2-year compliance
  603  period may be carried forward to the next compliance period.
  604         (h) An individual teaching an approved course of
  605  instruction or lecturing at any approved seminar and attending
  606  the entire course or seminar qualifies for the same number of
  607  classroom hours as would be granted to a person taking and
  608  successfully completing such course or seminar. Credit is
  609  limited to the number of hours actually taught unless a person
  610  attends the entire course or seminar. An individual who is an
  611  official of or employed by a governmental entity in this state
  612  and serves as a professor, instructor, or in another position or
  613  office, the duties and responsibilities of which are determined
  614  by the department to require monitoring and review of insurance
  615  laws or insurance regulations and practices, is exempt from this
  616  section.
  617         (i) For compliance periods beginning on or after October 1,
  618  2014, any person who holds a license as a title insurance agent
  619  must complete a minimum of 10 hours of continuing education
  620  credit every 2 years in title insurance and escrow management
  621  specific to this state and approved by the department, which
  622  shall include at least 3 hours of continuing education on the
  623  subject matter of ethics, rules, or compliance with state and
  624  federal regulations relating specifically to title insurance and
  625  closing services.
  626         (j) For a licensee who is an active participant in an
  627  association, 2 hours of elective continuing education credit per
  628  calendar year may be approved by the department, if properly
  629  reported by the association.
  630         Section 12. Subsection (3) of section 633.102, Florida
  631  Statutes, is amended to read:
  632         633.102 Definitions.—As used in this chapter, the term:
  633         (3)(a) “Contractor I” means a contractor whose business
  634  includes the execution of contracts requiring the ability to lay
  635  out, fabricate, install, inspect, alter, repair, and service all
  636  types of fire protection systems, excluding preengineered
  637  systems.
  638         (b) “Contractor II” means a contractor whose business is
  639  limited to the execution of contracts requiring the ability to
  640  lay out, fabricate, install, inspect, alter, repair, and service
  641  water sprinkler systems, water spray systems, foam-water
  642  sprinkler systems, foam-water spray systems, standpipes,
  643  combination standpipes and sprinkler risers, all piping that is
  644  an integral part of the system beginning at the point of service
  645  as defined in this section, sprinkler tank heaters, air lines,
  646  thermal systems used in connection with sprinklers, and tanks
  647  and pumps connected thereto, excluding preengineered systems.
  648         (c) “Contractor III” means a contractor whose business is
  649  limited to the execution of contracts requiring the ability to
  650  fabricate, install, inspect, alter, repair, and service carbon
  651  dioxide systems, foam extinguishing systems, dry chemical
  652  systems, and Halon and other chemical systems, excluding
  653  preengineered systems.
  654         (d) “Contractor IV” means a contractor whose business is
  655  limited to the execution of contracts requiring the ability to
  656  lay out, fabricate, install, inspect, alter, repair, and service
  657  automatic fire sprinkler systems for detached one-family
  658  dwellings, detached two-family dwellings, and mobile homes,
  659  excluding preengineered systems and excluding single-family
  660  homes in cluster units, such as apartments, condominiums, and
  661  assisted living facilities or any building that is connected to
  662  other dwellings. A Contractor IV is limited to the scope of
  663  practice specified in NFPA 13D.
  664         (e) “Contractor V” means a contractor whose business is
  665  limited to the execution of contracts requiring the ability to
  666  fabricate, install, inspect, alter, repair, and service the
  667  underground piping for a fire protection system using water as
  668  the extinguishing agent beginning at the point of service as
  669  defined in this act and ending no more than 1 foot above the
  670  finished floor.
  671  
  672  The definitions in this subsection may not be construed to
  673  include engineers or architects and do not limit or prohibit a
  674  licensed fire protection engineer or architect with fire
  675  protection design experience from designing any type of fire
  676  protection system. A distinction is made between system design
  677  concepts prepared by the design professional and system layout
  678  as defined in this section and typically prepared by the
  679  contractor. However, a person certified as a Contractor I or,
  680  Contractor II, or Contractor IV under this chapter may design
  681  new fire protection systems of 49 or fewer sprinklers;, and may
  682  design the alteration of an existing fire sprinkler system if
  683  the alteration consists of the relocation, addition, or deletion
  684  of not more than 49 or fewer sprinklers, notwithstanding the
  685  size of the existing fire sprinkler system; or may design the
  686  alteration of an existing fire sprinkler system if the
  687  alteration consists of the relocation or deletion of 249 or
  688  fewer sprinklers, notwithstanding the size of the existing fire
  689  sprinkler system, if there is no change of occupancy, as defined
  690  in the Florida Building Code, of the affected areas and there is
  691  no change in the water demand as defined in National Fire
  692  Protection Association publication NFPA 13 “Standard for the
  693  Installation of Sprinkler Systems, and if the occupancy hazard
  694  classification as defined in NFPA 13 is reduced or remains the
  695  same as a result of the alteration. A person certified as a
  696  Contractor I, Contractor II, or Contractor IV may design or
  697  alter a fire protection system, the scope of which complies with
  698  NFPA 13D, Standard for the Installation of Sprinkler Systems in
  699  One- and Two-Family Dwellings and Manufactured Homes, as adopted
  700  by the State Fire Marshal, notwithstanding the number of fire
  701  sprinklers. Contractor-developed plans may not be required by
  702  any local permitting authority to be sealed by a registered
  703  professional engineer.
  704         Section 13. Section 633.136, Florida Statutes, is amended
  705  to read:
  706         633.136 Fire and Emergency Incident Information Reporting
  707  Program; duties; fire reports.—
  708         (1)(a) The Fire and Emergency Incident Information
  709  Reporting Program is created within the division. The program
  710  shall:
  711         1. Establish and maintain an electronic communication
  712  system capable of transmitting fire and emergency incident
  713  information to and between fire service providers protection
  714  agencies.
  715         2. Initiate a Fire and Emergency Incident Information
  716  Reporting System that shall be responsible for:
  717         a. Receiving fire and emergency incident information from
  718  fire service providers protection agencies.
  719         b. Preparing and disseminating annual reports to the
  720  Governor, the President of the Senate, the Speaker of the House
  721  of Representatives, fire service providers protection agencies,
  722  and, upon request, the public. Each report shall include, but
  723  not be limited to, the information listed in the National Fire
  724  Incident Reporting System.
  725         c. Upon request, providing other states and federal
  726  agencies with fire and emergency incident data of this state.
  727         3. Adopt rules to effectively and efficiently implement,
  728  administer, manage, maintain, and use the Fire and Emergency
  729  Incident Information Reporting Program. The rules shall be
  730  considered minimum requirements and shall not preclude a fire
  731  service provider protection agency from implementing its own
  732  requirements which may not conflict with the rules of the
  733  division.
  734         4. By rule, establish procedures and a format for each fire
  735  service provider protection agency to voluntarily monitor its
  736  records and submit reports to the program.
  737         5. Maintain Establish an electronic information database
  738  that is accessible and searchable by fire service providers
  739  protection agencies.
  740         (b) The division shall consult with the Florida Forest
  741  Service of the Department of Agriculture and Consumer Services
  742  and the State Surgeon General of the Department of Health to
  743  coordinate data, ensure accuracy of the data, and limit
  744  duplication of efforts in data collection, analysis, and
  745  reporting.
  746         (2) The Fire and Emergency Incident Information System
  747  Technical Advisory Panel is created within the division. The
  748  panel shall advise, review, and recommend to the State Fire
  749  Marshal with respect to the requirements of this section. The
  750  membership of the panel shall consist of the following 15
  751  members:
  752         (a) The current 13 members of the Firefighters Employment,
  753  Standards, and Training Council as established in s. 633.402.
  754         (b) One member from the Florida Forest Service of the
  755  Department of Agriculture and Consumer Services, appointed by
  756  the director of the Florida Forest Service.
  757         (c) One member from the Department of Health, appointed by
  758  the State Surgeon General.
  759         (3) As used in For the purpose of this section, the term
  760  “fire service provider” has the same meaning as in s. 633.102
  761  “fire protection agency” shall be defined by rule by the
  762  division.
  763         Section 14. Subsections (18) and (20) of section 633.202,
  764  Florida Statutes, are amended to read:
  765         633.202 Florida Fire Prevention Code.—
  766         (18) The authority having jurisdiction shall determine the
  767  minimum radio signal strength for fire department communications
  768  in all new high-rise and existing high-rise buildings. Existing
  769  buildings are not required to comply with minimum radio strength
  770  for fire department communications and two-way radio system
  771  enhancement communications as required by the Florida Fire
  772  Prevention Code until January 1, 2023 2022. However, by January
  773  1, 2022 December 31, 2019, an existing building that is not in
  774  compliance with the requirements for minimum radio strength for
  775  fire department communications must have completed a minimum
  776  radio strength assessment apply for an appropriate permit for
  777  the required installation with the local government agency
  778  having jurisdiction and must demonstrate that the building will
  779  become compliant by January 1, 2023 2022. Existing apartment
  780  buildings are not required to comply until January 1, 2025.
  781  However, existing apartment buildings are required to apply for
  782  the appropriate permit for the required communications
  783  installation by December 31, 2022.
  784         (20)(a) In apartment occupancies with enclosed corridors
  785  served by interior or exterior exit stairs, doorstep refuse and
  786  recycling collection containers, which stand upright on their
  787  own and do not leak liquids when standing upright, must be
  788  allowed in exit access corridors when all of the following
  789  conditions exist:
  790         1. The maximum doorstep refuse and recycling collection
  791  container size does not exceed 13 gallons.
  792         2. Waste, which is in a doorstep refuse and recycling
  793  collection container, is not placed in the exit access corridors
  794  for single periods exceeding 5 hours.
  795         3. Doorstep refuse and recycling collection containers do
  796  not occupy the exit access corridors for single periods
  797  exceeding 12 hours.
  798         4. Doorstep refuse and recycling collection containers do
  799  not reduce the means of egress width below that required under
  800  NFPA Life Safety Code 101:31, as adopted under the Florida Fire
  801  Prevention Code.
  802         5. Management staff have written policies and procedures in
  803  place and enforce them to ensure compliance with this paragraph,
  804  and, upon request, provide a copy of such policies and
  805  procedures to the authority having jurisdiction.
  806         (b) In apartment occupancies with open-air corridors or
  807  balconies served by exterior exit stairs, doorstep refuse and
  808  recycling collection containers, which stand upright on their
  809  own and do not leak liquids when standing upright, must be
  810  allowed in exit access corridors when all of the following
  811  conditions exist:
  812         1. The maximum doorstep refuse and recycling collection
  813  container size does not exceed 27 gallons.
  814         2. Waste, which is in a doorstep refuse and recycling
  815  collection container, is not placed in the exit access corridors
  816  for single periods exceeding 5 hours.
  817         3. Doorstep refuse and recycling collection containers do
  818  not reduce the means of egress width below that required under
  819  NFPA Life Safety Code 101:31, as adopted under the Florida Fire
  820  Prevention Code.
  821         4. Management staff have written policies and procedures in
  822  place and enforce them to ensure compliance with this paragraph,
  823  and, upon request, provide a copy of such policies and
  824  procedures to the authority having jurisdiction.
  825         (c) The authority having jurisdiction may approve
  826  alternative containers and storage arrangements that are
  827  demonstrated to provide an equivalent level of safety to that
  828  provided under paragraphs (a) and (b).
  829         (d) The authority having jurisdiction shall allow apartment
  830  occupancies a phase-in period until December 31, 2020, to comply
  831  with this subsection.
  832         (e) This subsection is repealed on January 1, 2024 July 1,
  833  2021.
  834         Section 15. Section 633.217, Florida Statutes, is created
  835  to read:
  836         633.217Influencing a firesafety inspector; prohibited
  837  acts.
  838         (1) A person may not influence a firesafety inspector by:
  839         (a) Threatening, coercing, tricking, or attempting to
  840  threaten, coerce, or trick the firesafety inspector into
  841  violating any provision of the Florida Fire Prevention Code, any
  842  rule adopted by the State Fire Marshal, or any provision of this
  843  chapter.
  844         (b) Offering any compensation to the firesafety inspector
  845  to induce a violation of the Florida Fire Prevention Code, any
  846  rule adopted by the State Fire Marshal, or any provision of this
  847  chapter.
  848         (2) A firesafety inspector may not knowingly and willfully
  849  accept an attempt by a person to influence the firesafety
  850  inspector into violating any provision of the Florida Fire
  851  Prevention Code, any rule adopted by the State Fire Marshal, or
  852  any provision of this chapter.
  853         Section 16. Paragraphs (d), (g), and (h) of subsection (4)
  854  of section 633.304, Florida Statutes, are amended to read:
  855         633.304 Fire suppression equipment; license to install or
  856  maintain.—
  857         (4)
  858         (d) A license of any class may not be issued or renewed by
  859  the division and a license of any class does not remain
  860  operative unless:
  861         1. The applicant has submitted to the State Fire Marshal
  862  evidence of registration as a Florida corporation or evidence of
  863  compliance with s. 865.09.
  864         2. The State Fire Marshal or his or her designee has by
  865  inspection determined that the applicant possesses the equipment
  866  required for the class of license sought. The State Fire Marshal
  867  shall give an applicant a reasonable opportunity to correct any
  868  deficiencies discovered by inspection. To obtain such
  869  inspection, an applicant with facilities located outside this
  870  state must:
  871         a. Provide a notarized statement from a professional
  872  engineer licensed by the applicant’s state of domicile
  873  certifying that the applicant possesses the equipment required
  874  for the class of license sought and that all such equipment is
  875  operable; or
  876         b. Allow the State Fire Marshal or her or his designee to
  877  inspect the facility. All costs associated with the State Fire
  878  Marshal’s inspection must be paid by the applicant. The State
  879  Fire Marshal, in accordance with s. 120.54, may adopt rules to
  880  establish standards for the calculation and establishment of the
  881  amount of costs associated with any inspection conducted by the
  882  State Fire Marshal under this section. Such rules must include
  883  procedures for invoicing and receiving funds in advance of the
  884  inspection.
  885         3. The applicant has submitted to the State Fire Marshal
  886  proof of insurance providing coverage for comprehensive general
  887  liability for bodily injury and property damage, products
  888  liability, completed operations, and contractual liability. The
  889  State Fire Marshal shall adopt rules providing for the amounts
  890  of such coverage, but such amounts may not be less than $300,000
  891  for Class A or Class D licenses, $200,000 for Class B licenses,
  892  and $100,000 for Class C licenses; and the total coverage for
  893  any class of license held in conjunction with a Class D license
  894  may not be less than $300,000. The State Fire Marshal may, at
  895  any time after the issuance of a license or its renewal, require
  896  upon demand, and in no event more than 30 days after notice of
  897  such demand, the licensee to provide proof of insurance, on the
  898  insurer’s form, containing confirmation of insurance coverage as
  899  required by this chapter. Failure, for any length of time, to
  900  provide proof of insurance coverage as required must result in
  901  the immediate suspension of the license until proof of proper
  902  insurance is provided to the State Fire Marshal. An insurer that
  903  provides such coverage shall notify the State Fire Marshal of
  904  any change in coverage or of any termination, cancellation, or
  905  nonrenewal of any coverage.
  906         4. The applicant applies to the State Fire Marshal,
  907  provides proof of experience, and successfully completes a
  908  prescribed training course that includes both written and
  909  practical training offered at by the State Fire College and or
  910  an equivalent course approved by the State Fire Marshal as
  911  applicable to the class of license being sought. This
  912  subparagraph does not apply to any holder of or applicant for a
  913  permit under paragraph (g) or to a business organization or a
  914  governmental entity seeking initial licensure or renewal of an
  915  existing license solely for the purpose of inspecting,
  916  servicing, repairing, marking, recharging, and maintaining fire
  917  extinguishers used and located on the premises of and owned by
  918  such organization or entity.
  919         5. The applicant has a current retestor identification
  920  number that is appropriate for the license for which the
  921  applicant is applying and that is listed with the United States
  922  Department of Transportation.
  923         6. The applicant has passed, with a grade of at least 70
  924  percent, a written examination testing his or her knowledge of
  925  the rules and statutes governing the activities authorized by
  926  the license and demonstrating his or her knowledge and ability
  927  to perform those tasks in a competent, lawful, and safe manner.
  928  Such examination must be developed and administered by the State
  929  Fire Marshal, or his or her designee in accordance with policies
  930  and procedures of the State Fire Marshal. An applicant shall pay
  931  a nonrefundable examination fee of $50 for each examination or
  932  reexamination scheduled. A reexamination may not be scheduled
  933  sooner than 30 days after any administration of an examination
  934  to an applicant. An applicant may not be permitted to take an
  935  examination for any level of license more than a total of four
  936  times during 1 year, regardless of the number of applications
  937  submitted. As a prerequisite to licensure of the applicant, he
  938  or she:
  939         a. Must be at least 18 years of age.
  940         b. Must have 4 years of proven experience as a fire
  941  equipment permittee at a level equal to or greater than the
  942  level of license applied for or have a combination of education
  943  and experience determined to be equivalent thereto by the State
  944  Fire Marshal. Having held a permit at the appropriate level for
  945  the required period constitutes the required experience.
  946         c. Must not have been convicted of a felony or a crime
  947  punishable by imprisonment of 1 year or more under the law of
  948  the United States or of any state thereof or under the law of
  949  any other country. “Convicted” means a finding of guilt or the
  950  acceptance of a plea of guilty or nolo contendere in any federal
  951  or state court or a court in any other country, without regard
  952  to whether a judgment of conviction has been entered by the
  953  court having jurisdiction of the case. If an applicant has been
  954  convicted of any such felony, the applicant is excluded from
  955  licensure for a period of 4 years after expiration of sentence
  956  or final release by the Florida Commission on Offender Review
  957  unless the applicant, before the expiration of the 4-year
  958  period, has received a full pardon or has had her or his civil
  959  rights restored.
  960  
  961  This subparagraph does not apply to any holder of or applicant
  962  for a permit under paragraph (g) or to a business organization
  963  or a governmental entity seeking initial licensure or renewal of
  964  an existing license solely for the purpose of inspecting,
  965  servicing, repairing, marking, recharging, hydrotesting, and
  966  maintaining fire extinguishers used and located on the premises
  967  of and owned by such organization or entity.
  968         (g) A permit of any class may not be issued or renewed to a
  969  person by the division, and a permit of any class does not
  970  remain operative, unless the person has:
  971         1. Submitted a nonrefundable examination fee in the amount
  972  of $50.
  973         2. Successfully completed a training course that includes
  974  both written and practical training offered at by the State Fire
  975  College and or an equivalent course approved by the State Fire
  976  Marshal as applicable to the class of license being sought.
  977         3. Passed, with a grade of at least 70 percent, a written
  978  examination testing his or her knowledge of the rules and
  979  statutes governing the activities authorized by the permit and
  980  demonstrating his or her knowledge and ability to perform those
  981  tasks in a competent, lawful, and safe manner. Such examination
  982  must be developed and administered by the State Fire Marshal in
  983  accordance with the policies and procedures of the State Fire
  984  Marshal. An examination fee must be paid for each examination
  985  scheduled. A reexamination may not be scheduled sooner than 30
  986  days after any administration of an examination to an applicant.
  987  An applicant may not be permitted to take an examination for any
  988  level of permit more than four times during 1 year, regardless
  989  of the number of applications submitted. As a prerequisite to
  990  taking the permit examination, the applicant must be at least 16
  991  years of age.
  992         (h) An applicant for a license or permit under this section
  993  who fails the examination may take it three more times during
  994  the 1-year period after he or she originally filed an
  995  application for the examination. If the applicant fails the
  996  examination within 1 year after the application date and he or
  997  she seeks to retake the examination, he or she must file a new
  998  application, pay the application and examination fees, and
  999  successfully complete a prescribed training course that includes
 1000  both written and practical training offered at by the State Fire
 1001  College and or an equivalent course approved by the State Fire
 1002  Marshal as applicable to the class of license being sought. The
 1003  applicant may not submit a new application within 6 months after
 1004  the date of his or her fourth reexamination. An applicant who
 1005  passes the examination but does not meet the remaining
 1006  qualifications prescribed by law and rule within 1 year after
 1007  the application date must file a new application, pay the
 1008  application and examination fee, successfully complete a
 1009  prescribed training course that includes both written and
 1010  practical training offered at approved by the State Fire College
 1011  and or an equivalent course approved by the State Fire Marshal
 1012  as applicable to the class of license being sought, and pass the
 1013  written examination.
 1014         Section 17. Subsection (1) of section 633.402, Florida
 1015  Statutes, is amended to read:
 1016         633.402 Firefighters Employment, Standards, and Training
 1017  Council; organization; meetings; quorum; compensation; seal;
 1018  special powers; firefighter training.—
 1019         (1) There is created within the department a Firefighters
 1020  Employment, Standards, and Training Council of 15 14 members.
 1021         (a) The members shall be appointed as follows:
 1022         1. Two fire chiefs appointed by the Florida Fire Chiefs
 1023  Association.
 1024         2. Two firefighters, who are not officers, appointed by the
 1025  Florida Professional Firefighters Association.
 1026         3. Two firefighter officers, who are not fire chiefs,
 1027  appointed by the State Fire Marshal.
 1028         4. One individual appointed by the Florida League of
 1029  Cities.
 1030         5. One individual appointed by the Florida Association of
 1031  Counties.
 1032         6. One individual appointed by the Florida Association of
 1033  Special Districts.
 1034         7. One individual appointed by the Florida Fire Marshals’
 1035  and Inspectors’ Association.
 1036         8. One employee of the Florida Forest Service of the
 1037  Department of Agriculture and Consumer Services appointed by the
 1038  director of the Florida Forest Service.
 1039         9. One individual appointed by the State Fire Marshal.
 1040         10. One director or instructor of a state-certified
 1041  firefighting training facility appointed by the State Fire
 1042  Marshal.
 1043         11. One individual The remaining member, who shall be
 1044  appointed by the State Fire Marshal, who may not be a member or
 1045  representative of the firefighting profession or of any local
 1046  government.
 1047         12.One individual from the Department of Health, appointed
 1048  by the Surgeon General.
 1049         (b) To be eligible for appointment as a member under
 1050  subparagraph (a)1., subparagraph (a)2., subparagraph (a)3.,
 1051  subparagraph (a)8., or subparagraph (a)10., a person must have
 1052  had at least 4 years’ experience in the firefighting profession.
 1053  Members shall serve only as long as they continue to meet the
 1054  criteria under which they were appointed, or unless a member has
 1055  failed to appear at three consecutive and properly noticed
 1056  meetings unless excused by the chair.
 1057         Section 18. Subsection (1) of section 633.416, Florida
 1058  Statutes, is amended to read:
 1059         633.416 Firefighter employment and volunteer firefighter
 1060  service; saving clause.—
 1061         (1) A fire service provider may not employ an individual
 1062  to:
 1063         (a) Extinguish fires for the protection of life or property
 1064  or to supervise individuals who perform such services unless the
 1065  individual holds a current and valid Firefighter Certificate of
 1066  Compliance. However, a person who is currently serving as a
 1067  volunteer firefighter and holds a volunteer firefighter
 1068  certificate of completion with a fire service provider, who is
 1069  then employed as a regular or permanent firefighter by such fire
 1070  service provider, may function, for a period of 1 year under the
 1071  direct supervision of an individual holding a valid firefighter
 1072  certificate of compliance, in the same capacity in which he or
 1073  she acted as a volunteer firefighter, provided that he or she
 1074  has completed all training required by the volunteer
 1075  organization. Under no circumstance can this period extend
 1076  beyond 1 year either collectively or consecutively from the
 1077  start of employment to obtain a Firefighter Certificate of
 1078  Compliance; or
 1079         (b) Serve as the administrative and command head of a fire
 1080  service provider for a period in excess of 1 year unless the
 1081  individual holds a current and valid Firefighter Certificate of
 1082  Compliance or Special Certificate of Compliance.
 1083         Section 19. Section 843.08, Florida Statutes, is amended to
 1084  read:
 1085         843.08 False personation.—A person who falsely assumes or
 1086  pretends to be a firefighter, a sheriff, an officer of the
 1087  Florida Highway Patrol, an officer of the Fish and Wildlife
 1088  Conservation Commission, an officer of the Department of
 1089  Environmental Protection, a fire or arson investigator of the
 1090  Department of Financial Services, an officer of the Department
 1091  of Financial Services, any personnel or representative of the
 1092  Division of Investigative and Forensic Services, an officer of
 1093  the Department of Corrections, a correctional probation officer,
 1094  a deputy sheriff, a state attorney or an assistant state
 1095  attorney, a statewide prosecutor or an assistant statewide
 1096  prosecutor, a state attorney investigator, a coroner, a police
 1097  officer, a lottery special agent or lottery investigator, a
 1098  beverage enforcement agent, a school guardian as described in s.
 1099  30.15(1)(k), a security officer licensed under chapter 493, any
 1100  member of the Florida Commission on Offender Review or any
 1101  administrative aide or supervisor employed by the commission,
 1102  any personnel or representative of the Department of Law
 1103  Enforcement, or a federal law enforcement officer as defined in
 1104  s. 901.1505, and takes upon himself or herself to act as such,
 1105  or to require any other person to aid or assist him or her in a
 1106  matter pertaining to the duty of any such officer, commits a
 1107  felony of the third degree, punishable as provided in s.
 1108  775.082, s. 775.083, or s. 775.084. However, a person who
 1109  falsely personates any such officer during the course of the
 1110  commission of a felony commits a felony of the second degree,
 1111  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 1112  If the commission of the felony results in the death or personal
 1113  injury of another human being, the person commits a felony of
 1114  the first degree, punishable as provided in s. 775.082, s.
 1115  775.083, or s. 775.084.
 1116         Section 20. Paragraph (f) is added to subsection (11) of
 1117  section 943.045, Florida Statutes, to read:
 1118         943.045 Definitions; ss. 943.045-943.08.—The following
 1119  words and phrases as used in ss. 943.045-943.08 shall have the
 1120  following meanings:
 1121         (11) “Criminal justice agency” means:
 1122         (f)The investigations component of the Department of
 1123  Financial Services which investigates the crimes of fraud and
 1124  official misconduct in all public assistance given to residents
 1125  of the state or provided to others by the state.
 1126         Section 21. Effective upon this act becoming a law,
 1127  paragraph (e) of subsection (1) and subsections (2) and (3) of
 1128  section 40 of chapter 2019-140, Laws of Florida, are amended to
 1129  read:
 1130         Section 40. (1) The Legislature finds that:
 1131         (e) It is in the public interest to establish a Florida
 1132  Financial Technology and Blockchain Task Force comprised of
 1133  government and industry representatives to study the ways in
 1134  which state, county, and municipal governments can benefit from
 1135  a transition to a blockchain-based system for recordkeeping,
 1136  security, and service delivery and to develop and submit
 1137  recommendations to the Governor and the Legislature concerning
 1138  the potential for implementation of blockchain-based systems
 1139  that promote government efficiencies, better services for
 1140  citizens, economic development, and safer cyber-secure
 1141  interaction between government and the public.
 1142         (2) The Florida Financial Technology and Blockchain Task
 1143  Force, a task force as defined in s. 20.03, Florida Statutes, is
 1144  established within the Department of Financial Services to
 1145  explore and develop a master plan for fostering the expansion of
 1146  financial technology and the blockchain industry in the state,
 1147  to recommend policies and state investments to help make this
 1148  state a leader in financial and blockchain technologies
 1149  technology, and to issue a report to the Governor and the
 1150  Legislature. The task force shall study if and how state,
 1151  county, and municipal governments can benefit from a transition
 1152  to a blockchain-based system for recordkeeping, data security,
 1153  financial transactions, and service delivery and identify ways
 1154  to improve government interaction with businesses and the
 1155  public. The task force shall also consider financial technology
 1156  innovations related to money transmitters and payment instrument
 1157  sellers, as defined in s. 560.103, Florida Statutes, including
 1158  mediums of exchange which are in electronic or digital form, and
 1159  identify new products and services that could lead to business
 1160  growth in this state.
 1161         (a) The master plan shall:
 1162         1. Identify the economic growth and development
 1163  opportunities presented by financial and blockchain technologies
 1164  technology.
 1165         2. Assess the existing blockchain industry in the state.
 1166         3. Identify innovative and successful blockchain
 1167  applications currently used by industry and other governments to
 1168  determine viability for state applications.
 1169         4. Review workforce needs and academic programs required to
 1170  build blockchain technology expertise across all relevant
 1171  industries.
 1172         5. Make recommendations to the Governor and the Legislature
 1173  that will promote innovation and economic growth by reducing
 1174  barriers to and expediting the expansion of the state’s
 1175  financial technology and blockchain industries industry.
 1176         (b) The task force shall consist of 13 members. Membership
 1177  shall be as follows:
 1178         1. Three agency heads or executive directors of cabinet
 1179  agencies, or their designees, appointed by the Governor.
 1180         2. Four members of the public or private sector with
 1181  knowledge and experience in blockchain technology, appointed by
 1182  the Governor.
 1183         3. Three members from the public or private sector with
 1184  knowledge and experience in blockchain technology, appointed by
 1185  the Chief Financial Officer.
 1186         4. One member from the private sector with knowledge and
 1187  experience in blockchain technology, appointed by the President
 1188  of the Senate.
 1189         5. One member from the private sector with knowledge and
 1190  experience in blockchain technology, appointed by the Speaker of
 1191  the House of Representatives.
 1192         6. One certified public accountant licensed pursuant to
 1193  chapter 473 with knowledge and experience in blockchain
 1194  technology, appointed by the Governor.
 1195  
 1196  Members of the task force shall reflect the ethnic diversity of
 1197  the state.
 1198         (c) Within 90 days after the effective date of this act, a
 1199  majority of the members of the task force must be appointed and
 1200  the task force shall hold its first meeting. The task force
 1201  shall elect one of its members to serve as chair. Members of the
 1202  task force shall serve for the duration of the existence of the
 1203  task force. Any vacancy that occurs shall be filled in the same
 1204  manner as the original appointment. Task force members shall
 1205  serve without compensation, and are not entitled to
 1206  reimbursement for per diem or travel expenses.
 1207         (d) The task force shall study blockchain technology,
 1208  including, but not limited to, the following:
 1209         1. Opportunities and risks associated with using blockchain
 1210  and distributed ledger technology for state and local
 1211  governments.
 1212         2. Different types of blockchains, both public and private,
 1213  and different consensus algorithms.
 1214         3. Projects and cases currently under development in other
 1215  states and local governments, and how these cases could be
 1216  applied in this state.
 1217         4. Ways the Legislature can modify general law to support
 1218  secure paperless recordkeeping, increase cybersecurity, improve
 1219  interactions with citizens, and encourage blockchain innovation
 1220  for businesses in the state.
 1221         5. Identifying potential economic incentives for companies
 1222  investing in blockchain technologies in collaboration with the
 1223  state.
 1224         6. Recommending projects for potential blockchain
 1225  solutions, including, but not limited to, use cases for state
 1226  agencies that would improve services for citizens or businesses.
 1227         7. Identifying the technical skills necessary to develop
 1228  blockchain technology and ensuring that instruction in such
 1229  skills is available at secondary and postsecondary educational
 1230  institutions in this state.
 1231         (3) The task force shall submit a report to the Governor,
 1232  the President of the Senate, and the Speaker of the House of
 1233  Representatives and present its findings to the appropriate
 1234  legislative committees in each house of the Legislature by
 1235  January 31, 2021 within 180 days after the initial meeting of
 1236  the task force. The report must include:
 1237         (a) A general description of the costs and benefits of
 1238  state and local government agencies using blockchain technology.
 1239         (b) Recommendations concerning the feasibility of
 1240  implementing blockchain technology in the state and the best
 1241  approach to finance the cost of implementation.
 1242         (c) Recommendations for specific implementations to be
 1243  developed by relevant state agencies.
 1244         (d) Any draft legislation the task force deems appropriate
 1245  to implement such blockchain technologies.
 1246         (e) Identification of one pilot project that may be
 1247  implemented in the state.
 1248         (f) Any other information deemed relevant by the task
 1249  force.
 1250         Section 22. Except as otherwise expressly provided in this
 1251  act and except for this section, which shall take effect upon
 1252  this act becoming a law, this act shall take effect July 1,
 1253  2020.