Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. SB 1408
       
       
       
       
       
       
                                Ì918012pÎ918012                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/10/2021           .                                
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       The Committee on Banking and Insurance (Burgess) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 190 - 944
    4  and insert:
    5  to an employee of a state agency under s. 112.1816(2), and
    6  court-awarded attorney attorney’s fees in other proceedings
    7  against the state except for such awards in eminent domain or
    8  for inverse condemnation or for awards by the Public Employees
    9  Relations Commission. Unless specifically excluded by the
   10  Department of Financial Services, the Insurance Risk Management
   11  Trust Fund must shall provide fleet automotive liability
   12  coverage to motor vehicles titled to the state, or to any
   13  department of the state, when such motor vehicles are used by
   14  community transportation coordinators performing, under contract
   15  to the appropriate department of the state, services for the
   16  transportation disadvantaged under part I of chapter 427. Such
   17  fleet automotive liability coverage is shall be primary and is
   18  shall be subject to the provisions of s. 768.28 and parts II and
   19  III of chapter 284, and applicable rules adopted thereunder, and
   20  the terms and conditions of the certificate of coverage issued
   21  by the Department of Financial Services.
   22         Section 4. Section 284.385, Florida Statutes, is amended to
   23  read:
   24         284.385 Reporting and handling of claims.—
   25         (1) All departments covered by the State Risk Management
   26  Trust Fund under this part shall immediately report all known or
   27  potential claims to the Department of Financial Services for
   28  handling, except employment complaints that which have not been
   29  filed with the Florida Human Relations Commission, Equal
   30  Employment Opportunity Commission, or any similar agency. When
   31  deemed necessary, the Department of Financial Services shall
   32  assign or reassign the claim to counsel. The assigned counsel
   33  shall report regularly to the Department of Financial Services
   34  or to the covered department on the status of any such claims or
   35  litigation as required by the Department of Financial Services.
   36  No Such claims may not claim shall be compromised or settled for
   37  monetary compensation without the prior approval of the
   38  Department of Financial Services and prior notification to the
   39  covered department. All departments shall cooperate with the
   40  Department of Financial Services in its handling of claims. The
   41  Department of Financial Services and the Department of
   42  Management Services, with the cooperation of the state attorneys
   43  and the clerks of the courts, shall develop a system to
   44  coordinate the exchange of information concerning claims for and
   45  against the state, its agencies, and its subdivisions, to assist
   46  in collection of amounts due to them. The covered department is
   47  responsible shall have the responsibility for the settlement of
   48  any claim for injunctive or affirmative relief under 42 U.S.C.
   49  s. 1983 or similar federal or state statutes. The payment of a
   50  settlement or judgment for any claim covered and reported under
   51  this part may shall be made only from the State Risk Management
   52  Trust Fund.
   53         (2)Benefits provided under s. 112.1816(2) may not be paid
   54  from the fund until each request for any out-of-pocket
   55  deductible, copayment, or coinsurance costs and one-time cash
   56  payout has been validated and approved by the Department of
   57  Management Services.
   58         Section 5. Section 284.45, Florida Statutes, is created to
   59  read:
   60         284.45 Sexual harassment victims.—
   61         (1)An individual working for an entity covered by the
   62  State Risk Management Trust Fund may not engage in retaliatory
   63  conduct of any kind against a sexual harassment victim. As used
   64  in this section, the term “sexual harassment victim” means an
   65  individual employed, or being considered for employment, with an
   66  entity participating in the State Risk Management Trust Fund who
   67  becomes a victim of workplace sexual harassment through the
   68  course of employment, or while being considered for employment,
   69  with the entity.
   70         (2)The willful and knowing dissemination of personal
   71  identifying information of a sexual harassment victim, which is
   72  confidential and exempt pursuant to s. 119.071(2)(n), to any
   73  party other than a governmental entity in furtherance of its
   74  official duties or pursuant to a court order is a misdemeanor of
   75  the first degree, punishable as provided in s. 775.082.
   76         Section 6. Subsections (1), (2), (3), (6), and (8) of
   77  section 497.101, Florida Statutes, are amended to read:
   78         497.101 Board of Funeral, Cemetery, and Consumer Services;
   79  membership; appointment; terms.—
   80         (1) The Board of Funeral, Cemetery, and Consumer Services
   81  is created within the Department of Financial Services and shall
   82  consist of 10 members, 9 of whom shall be appointed by the
   83  Governor from nominations made by the Chief Financial Officer
   84  and confirmed by the Senate. The Chief Financial Officer shall
   85  nominate one to three persons for each of the nine vacancies on
   86  the board, and the Governor shall fill each vacancy on the board
   87  by appointing one of the three persons nominated by the Chief
   88  Financial Officer to fill that vacancy. If the Governor objects
   89  to each of the three nominations for a vacancy, she or he shall
   90  inform the Chief Financial Officer in writing. Upon notification
   91  of an objection by the Governor, the Chief Financial Officer
   92  shall submit one to three additional nominations for that
   93  vacancy until the vacancy is filled. One member must be the
   94  State Health Officer or her or his designee.
   95         (2) Two members of the board must shall be funeral
   96  directors licensed under part III of this chapter who are
   97  associated with a funeral establishment. One member of the board
   98  must shall be a funeral director licensed under part III of this
   99  chapter who is associated with a funeral establishment licensed
  100  under part III of this chapter which that has a valid preneed
  101  license issued pursuant to this chapter and who owns or operates
  102  a cinerator facility approved under chapter 403 and licensed
  103  under part VI of this chapter. Two members of the board must
  104  shall be persons whose primary occupation is associated with a
  105  cemetery company licensed pursuant to this chapter. Two Three
  106  members of the board must shall be consumers who are residents
  107  of this the state, have never been licensed as funeral directors
  108  or embalmers, are not connected with a cemetery or cemetery
  109  company licensed pursuant to this chapter, and are not connected
  110  with the death care industry or the practice of embalming,
  111  funeral directing, or direct disposition. One of the two
  112  consumer members must shall be at least 60 years of age, and one
  113  shall be licensed as a certified public accountant under chapter
  114  473. One member of the board must be a consumer who is a
  115  resident of this state; is licensed as a certified public
  116  accountant under chapter 473; has never been licensed as a
  117  funeral director or an embalmer; is not a principal or an
  118  employee of any licensee licensed under this chapter; and does
  119  not otherwise have control, as defined in s. 497.005, over any
  120  licensee licensed under this chapter. One member of the board
  121  must shall be a principal of a monument establishment licensed
  122  under this chapter as a monument builder. One member must shall
  123  be the State Health Officer or her or his designee. There may
  124  shall not be two or more board members who are principals or
  125  employees of the same company or partnership or group of
  126  companies or partnerships under common control.
  127         (3) Board members shall be appointed for terms of 4 years,
  128  and the State Health Officer shall serve as long as that person
  129  holds that office. The designee of the State Health Officer
  130  shall serve at the pleasure of the Governor. When the terms of
  131  the initial board members expire, the Chief Financial Officer
  132  shall stagger the terms of the successor members as follows: one
  133  funeral director, one cemetery representative, the monument
  134  builder, and one consumer member shall be appointed for terms of
  135  2 years, and the remaining members shall be appointed for terms
  136  of 4 years. All subsequent terms shall be for 4 years.
  137         (6) The board shall maintain its headquarters and records
  138  of the board shall be in the Division of Funeral, Cemetery, and
  139  Consumer Services of the Department of Financial Services in the
  140  City of Tallahassee. The board may be contacted through the
  141  Division of Funeral, Cemetery, and Consumer Services of the
  142  Department of Financial Services in the City of Tallahassee. The
  143  Chief Financial Officer shall annually appoint from among the
  144  board members a chair and vice chair of the board. The board
  145  shall meet at least every 6 months, and more often as necessary.
  146  Special meetings of the board shall be convened upon the
  147  direction of the Chief Financial Officer. A quorum is necessary
  148  for the conduct of business by the board. The participation by a
  149  board member in a meeting conducted through communications media
  150  technology constitutes that individual’s presence at such
  151  meeting. Board members appearing at a board meeting in person as
  152  well as board members appearing through the use of
  153  communications media technology shall be counted for the
  154  determination of a quorum. As used in this subsection,
  155  “communications media technology” means the electronic
  156  transmission of printed matter, audio, full-motion video,
  157  freeze-frame video, compressed video, and digital video by any
  158  method available. Unless otherwise provided by law, a majority
  159  of the board members eligible to vote constitutes a quorum for
  160  the purpose of conducting its business six board members shall
  161  constitute a quorum for the conduct of the board’s business.
  162         (8)The department shall adopt rules establishing forms by
  163  which persons may apply for membership on the board and
  164  procedures for applying for such membership. Such forms shall
  165  require disclosure of the existence and nature of all current
  166  and past employments by or contracts with, and direct or
  167  indirect affiliations or interests in, any entity or business
  168  that at any time was licensed by the board or by the former
  169  Board of Funeral and Cemetery Services or the former Board of
  170  Funeral Directors and Embalmers or that is or was otherwise
  171  involved in the death care industry, as specified by department
  172  rule.
  173         Section 7. Section 497.1411, Florida Statutes, is created
  174  to read:
  175         497.1411Disqualification of applicants and licensees;
  176  penalties against licensees; rulemaking.—
  177         (1)For purposes of this section, the term:
  178         (a)“Applicant” means an individual applying for licensure
  179  or relicensure under this chapter, or an officer, a director, a
  180  majority owner, a partner, a manager, or another person who
  181  manages or controls an entity applying for licensure or
  182  relicensure under this chapter.
  183         (b)“Felony of the first degree” or “capital felony”
  184  includes all felonies designated as such in this state at the
  185  time of the commission of the offense, as well as any offense in
  186  another jurisdiction which is substantially similar to an
  187  offense so designated in this state.
  188         (c)“Financial services business” means any financial
  189  activity regulated by the department, the Office of Insurance
  190  Regulation, or the Office of Financial Regulation.
  191         (2)An applicant who has been found guilty of, or has
  192  pleaded guilty or nolo contendere to any of the following
  193  crimes, regardless of adjudication, is permanently barred from
  194  licensure under this chapter:
  195         (a)A felony of the first degree.
  196         (b)A capital felony.
  197         (c)A felony money laundering offense.
  198         (d)A felony embezzlement.
  199         (3)An applicant who has been found guilty of, or has
  200  pleaded guilty or nolo contendere to a crime not included in
  201  subsection (2), regardless of adjudication, is subject to:
  202         (a)A 10-year disqualifying period for all felonies
  203  involving moral turpitude which are not specifically included in
  204  the permanent bar from licensure contained in subsection (2).
  205         (b)A 5-year disqualifying period for all felonies to which
  206  neither the permanent bar from licensure in subsection (2) nor
  207  the 10-year disqualifying period in paragraph (a) applies.
  208         (c)A 5-year disqualifying period for all misdemeanors
  209  directly related to the financial services business.
  210         (4)The board shall adopt rules to administer this section.
  211  The rules must provide for additional disqualifying periods due
  212  to the commitment of multiple crimes and may include other
  213  factors reasonably related to the applicant’s criminal history.
  214  The rules must provide for mitigating and aggravating factors.
  215  However, mitigation may not result in a period of
  216  disqualification of less than 5 years and may not mitigate the
  217  disqualifying periods in paragraphs (3)(b) and (c).
  218         (5)For purposes of this section, a disqualifying period
  219  begins upon the applicant’s final release from supervision or
  220  upon completion of the applicant’s criminal sentence. The
  221  department may not issue a license to an applicant unless all
  222  related fines, court costs and fees, and court-ordered
  223  restitution have been paid.
  224         (6)After the disqualifying period has expired, the burden
  225  is on the applicant to demonstrate that he or she has been
  226  rehabilitated, does not pose a risk to the public, is fit and
  227  trustworthy to engage in business regulated by this chapter, and
  228  is otherwise qualified for licensure.
  229         (7)Notwithstanding subsections (2) and (3), an applicant
  230  who has been found guilty of, or has pleaded guilty or nolo
  231  contendere to, a crime in subsection (2) or subsection (3) and
  232  who has subsequently been granted a pardon or the restoration of
  233  civil rights pursuant to chapter 940 and s. 8, Art. IV of the
  234  State Constitution, or a pardon or the restoration of civil
  235  rights under the laws of another jurisdiction with respect to a
  236  conviction in that jurisdiction, is not barred or disqualified
  237  from licensure under this chapter. However, such a pardon or
  238  restoration of civil rights does not require the department to
  239  award such license.
  240         (8)(a)The board may grant an exemption from
  241  disqualification to any person disqualified from licensure under
  242  subsection (3) if:
  243         1.The applicant has paid in full any fee, fine, fund,
  244  lien, civil judgment, restitution, or cost of prosecution
  245  imposed by the court as part of the judgment and sentence for
  246  any disqualifying offense; and
  247         2.At least 5 years have elapsed since the applicant
  248  completed or has been lawfully released from confinement,
  249  supervision, or a nonmonetary condition imposed by the court for
  250  a disqualifying offense.
  251         (b)For the board to grant an exemption under this
  252  subsection, the applicant must clearly and convincingly
  253  demonstrate that he or she would not pose a risk to persons or
  254  property if licensed under this chapter, evidence of which must
  255  include, but need not be limited to, facts and circumstances
  256  surrounding the disqualifying offense, the time that has elapsed
  257  since the offense, the nature of the offense and harm caused to
  258  the victim, the applicant’s history before and after the
  259  offense, and any other evidence or circumstances indicating that
  260  the applicant will not present a danger if licensed or
  261  certified.
  262         (c)The board has discretion whether to grant or deny an
  263  exemption under this subsection. The board’s decision is subject
  264  to chapter 120.
  265         (9)The disqualification periods provided in this section
  266  do not apply to the renewal of a license or to a new application
  267  for licensure if the applicant has an active license as of July
  268  1, 2021, and the applicable criminal history was considered by
  269  the board on the prior approval of any active license held by
  270  the applicant. This subsection does not affect any criminal
  271  history disclosure requirements of this chapter.
  272         Section 8. Subsection (9) and paragraph (c) of subsection
  273  (10) of section 497.142, Florida Statutes, are amended to read:
  274         497.142 Licensing; fingerprinting and criminal background
  275  checks.—
  276         (9) If any applicant under this chapter has been, within
  277  the 10 years preceding the application under this chapter,
  278  convicted or found guilty of, or entered a plea of nolo
  279  contendere to, regardless of adjudication, any crime in any
  280  jurisdiction, the application shall not be deemed complete until
  281  such time as the applicant provides such certified true copies
  282  of the court records evidencing the conviction, finding, or plea
  283  as required by this section or, as the licensing authority may
  284  by rule require.
  285         (10)(c) Crimes to be disclosed are:
  286         1. Any felony or misdemeanor, no matter when committed,
  287  that was directly or indirectly related to or involving any
  288  aspect of the practice or business of funeral directing,
  289  embalming, direct disposition, cremation, funeral or cemetery
  290  preneed sales, funeral establishment operations, cemetery
  291  operations, or cemetery monument or marker sales or
  292  installation.
  293         2. Any misdemeanor, no matter when committed, which was
  294  directly or indirectly related to the financial services
  295  business as defined in s. 497.1411 Any other felony not already
  296  disclosed under subparagraph 1. that was committed within the 20
  297  years immediately preceding the application under this chapter.
  298         3. Any other misdemeanor not already disclosed under
  299  subparagraph 2. which subparagraph 1. that was committed within
  300  the 5 years immediately preceding the application under this
  301  chapter.
  302         Section 9. Present subsections (2) through (5) of section
  303  497.157, Florida Statutes, are redesignated as subsections (4)
  304  through (7), respectively, new subsections (2) and (3) and
  305  subsection (8) are added to that section, and present subsection
  306  (3) of that section is amended, to read:
  307         497.157 Unlicensed practice; remedies concerning violations
  308  by unlicensed persons.—
  309         (2)A person may not be, act as, or advertise or hold
  310  himself or herself out to be a funeral director, an embalmer, or
  311  a direct disposer unless he or she is currently licensed by the
  312  department.
  313         (3)A person may not be, act as, or advertise or hold
  314  himself or herself out to be a preneed sales agent unless he or
  315  she is currently licensed by the department and appointed by a
  316  preneed main licensee for which he or she is executing preneed
  317  contracts.
  318         (5)(3) Where the department determines that an emergency
  319  exists regarding any violation of this chapter by any unlicensed
  320  person or entity, the department may issue and serve an
  321  immediate final order upon such unlicensed person or entity, in
  322  accordance with s. 120.569(2)(n). Such an immediate final order
  323  may impose such prohibitions and requirements as are reasonably
  324  necessary to protect the public health, safety, and welfare, and
  325  is shall be effective when served.
  326         (a) For the purpose of enforcing such an immediate final
  327  order, the department may file an emergency or other proceeding
  328  in the circuit courts of the state seeking enforcement of the
  329  immediate final order by injunctive or other order of the court.
  330  The court shall issue its injunction or other order enforcing
  331  the immediate final order pending administrative resolution of
  332  the matter under subsection (4) (2), unless the court determines
  333  that such action would work a manifest injustice under the
  334  circumstances. Venue for judicial actions under this paragraph
  335  must shall be, at the election of the department, in the courts
  336  of Leon County, or in a county where the respondent resides or
  337  has a place of business.
  338         (b) After serving an immediate final order to cease and
  339  desist upon any person or entity, the department shall within 10
  340  days issue and serve upon the same person or entity an
  341  administrative complaint as set forth in subsection (4) (2),
  342  except that, absent order of a court to the contrary, the
  343  immediate final order will shall be effective throughout the
  344  pendency of proceedings under subsection (4) (2).
  345         (8)Any person who is not licensed under this chapter and
  346  who engages in activity requiring licensure under this chapter
  347  commits a felony of the third degree, punishable as provided in
  348  s. 775.082, s. 775.083, or s. 775.084.
  349         Section 10. Subsection (6) of section 497.159, Florida
  350  Statutes, is amended to read:
  351         497.159 Crimes.—
  352         (6) Any person who is not licensed under this chapter who
  353  engages in activity requiring licensure under this chapter,
  354  commits a misdemeanor of the second degree, punishable as
  355  provided in s. 775.082 or s. 775.083.
  356         Section 11. Subsection (13) of section 552.081, Florida
  357  Statutes, is amended to read:
  358         552.081 Definitions.—As used in this chapter:
  359         (13) “Two-component explosives” means any two inert
  360  components that which, when mixed, become capable of detonation
  361  by a detonator a No. 6 blasting cap, and shall be classified as
  362  a Class “A” explosive when so mixed.
  363         Section 12. Present subsection (2) of section 553.7921,
  364  Florida Statutes, is redesignated as subsection (3), a new
  365  subsection (2) is added to that section, and subsection (1) of
  366  that section is amended, to read:
  367         553.7921 Fire alarm permit application to local enforcement
  368  agency.—
  369         (1) A contractor must file a Uniform Fire Alarm Permit
  370  Application as provided in subsection (3) (2) with the local
  371  enforcement agency and must receive the fire alarm permit
  372  before:
  373         (a) installing or replacing a fire alarm, if the local
  374  enforcement agency requires a plan review for the installation
  375  or replacement; or
  376         (b) Repairing an existing alarm system that was previously
  377  permitted by the local enforcement agency if the local
  378  enforcement agency requires a fire alarm permit for the repair.
  379         (2) If the local enforcement agency requires a fire alarm
  380  permit to repair an existing alarm system that was previously
  381  permitted by the local enforcement agency, a contractor may
  382  begin work after filing a Uniform Fire Alarm Permit Application
  383  as provided in subsection (3). A fire alarm repaired pursuant to
  384  this subsection may not be considered compliant until the
  385  required permit is issued and the local enforcement agency
  386  approves the repair.
  387         Section 13. Effective January 1, 2022, subsection (3) of
  388  section 626.2815, Florida Statutes, is amended to read:
  389         626.2815 Continuing education requirements.—
  390         (3) Each licensee except a title insurance agent must
  391  complete a 4-hour 5-hour update course every 2 years which is
  392  specific to the license held by the licensee. The course must be
  393  developed and offered by providers and approved by the
  394  department. The content of the course must address all lines of
  395  insurance for which examination and licensure are required and
  396  include the following subject areas: insurance law updates,
  397  ethics for insurance professionals, disciplinary trends and case
  398  studies, industry trends, premium discounts, determining
  399  suitability of products and services, and other similar
  400  insurance-related topics the department determines are relevant
  401  to legally and ethically carrying out the responsibilities of
  402  the license granted. A licensee who holds multiple insurance
  403  licenses must complete an update course that is specific to at
  404  least one of the licenses held. Except as otherwise specified,
  405  any remaining required hours of continuing education are
  406  elective and may consist of any continuing education course
  407  approved by the department under this section.
  408         (a) Except as provided in paragraphs (b), (c), (d), (e),
  409  (i), and (j), each licensee must also complete 20 19 hours of
  410  elective continuing education courses every 2 years.
  411         (b) A licensee who has been licensed for 6 or more years
  412  must also complete a minimum of 16 15 hours of elective
  413  continuing education every 2 years.
  414         (c) A licensee who has been licensed for 25 years or more
  415  and is a CLU or a CPCU or has a Bachelor of Science degree in
  416  risk management or insurance with evidence of 18 or more
  417  semester hours in insurance-related courses must also complete a
  418  minimum of 6 5 hours of elective continuing education courses
  419  every 2 years.
  420         (d) An individual who holds a license as a customer
  421  representative and who is not a licensed life or health agent
  422  must also complete a minimum of 6 5 hours of continuing
  423  education courses every 2 years.
  424         (e) An individual subject to chapter 648 must complete the
  425  4-hour 5-hour update course and a minimum of 10 9 hours of
  426  elective continuing education courses every 2 years.
  427         (f) Elective continuing education courses for public
  428  adjusters must be specifically designed for public adjusters and
  429  approved by the department. Notwithstanding this subsection,
  430  public adjusters for workers’ compensation insurance or health
  431  insurance are not required to take continuing education courses
  432  pursuant to this section.
  433         (g) Excess hours accumulated during any 2-year compliance
  434  period may be carried forward to the next compliance period.
  435         (h) An individual teaching an approved course of
  436  instruction or lecturing at any approved seminar and attending
  437  the entire course or seminar qualifies for the same number of
  438  classroom hours as would be granted to a person taking and
  439  successfully completing such course or seminar. Credit is
  440  limited to the number of hours actually taught unless a person
  441  attends the entire course or seminar. An individual who is an
  442  official of or employed by a governmental entity in this state
  443  and serves as a professor, instructor, or in another position or
  444  office, the duties and responsibilities of which are determined
  445  by the department to require monitoring and review of insurance
  446  laws or insurance regulations and practices, is exempt from this
  447  section.
  448         (i) For compliance periods beginning on or after October 1,
  449  2014, any person who holds a license as a title insurance agent
  450  must complete a minimum of 10 hours of continuing education
  451  credit every 2 years in title insurance and escrow management
  452  specific to this state and approved by the department, which
  453  must shall include at least 3 hours of continuing education on
  454  the subject matter of ethics, rules, or compliance with state
  455  and federal regulations relating specifically to title insurance
  456  and closing services.
  457         (j) For a licensee who is an active participant in an
  458  association, 2 hours of elective continuing education credit per
  459  calendar year may be approved by the department, if properly
  460  reported by the association.
  461         Section 14. Subsections (1) and (2) of section 626.371,
  462  Florida Statutes, are amended to read:
  463         626.371 Payment of fees, taxes for appointment period
  464  without appointment.—
  465         (1) All initial and renewal appointments shall be submitted
  466  to the department on a monthly basis no later than 45 days after
  467  the date of appointment and become effective on the date
  468  requested on the appointment form.
  469         (2)(a) If, upon application and qualification for an
  470  initial or renewal appointment and such investigation as the
  471  department may make, it appears to the department determines
  472  that an individual has not been properly appointed to represent
  473  an insurer or employer, that such individual who was formerly
  474  licensed or is currently licensed, but not properly appointed to
  475  represent an insurer or employer and that such individual who
  476  has been actively engaged or is currently actively engaged as
  477  such an appointee, but without being appointed as required, the
  478  department shall may, if it finds that such failure to be
  479  appointed was an inadvertent error on the part of the insurer or
  480  employer so represented, notify the insurer or employer of its
  481  finding and of the requirement to pay all fees and taxes due
  482  pursuant to paragraph (b) within 21 days.
  483         (b)The department may nevertheless issue or authorize the
  484  issuance of the appointment upon the insurer’s or employer’s
  485  timely payment to the department of as applied for but subject
  486  to the condition that, before the appointment is issued, all
  487  fees and taxes that which would have been due had the applicant
  488  been properly so appointed during such current and prior
  489  periods, including with applicable fees and taxes that would
  490  have been due pursuant to s. 624.501 for such current and prior
  491  periods of appointment, shall be paid to the department.
  492         (c)Upon proper appointment of the individual and payment
  493  of all fees and taxes due pursuant to paragraph (b), paragraph
  494  (3)(a), and s. 624.501 by the insurer or employer, the
  495  department may no longer consider the inadvertent failure to
  496  appoint to be a violation of this code.
  497         (d)If the insurer or employer does not pay the fees and
  498  taxes due pursuant to paragraph (b) within 21 days after notice
  499  by the department, the department shall suspend the insurer’s or
  500  employer’s authority to appoint licensees until all outstanding
  501  fees and taxes have been paid.
  502         Section 15. Subsection (1) of section 626.8443, Florida
  503  Statutes, is amended to read:
  504         626.8443 Duration of suspension or revocation.—
  505         (1) The department shall, in its order suspending a title
  506  insurance agent’s or agency’s license or appointment or in its
  507  order suspending the eligibility of a person to hold or apply
  508  for such license or appointment, specify the period during which
  509  the suspension is to be in effect, but such period may shall not
  510  exceed 2 years 1 year. The license, or appointment, or
  511  eligibility will shall remain suspended during the period so
  512  specified, subject, however, to any rescission or modification
  513  of the order by the department, or modification or reversal
  514  thereof by the court, prior to expiration of the suspension
  515  period. A license, appointment, or eligibility that which has
  516  been suspended may not be reinstated except upon request for
  517  such reinstatement, but the department may shall not grant such
  518  reinstatement if it finds that the circumstance or circumstances
  519  for which the license, appointment, and eligibility was
  520  suspended still exist or are likely to recur.
  521         Section 16. Paragraph (e) of subsection (1) of section
  522  626.916, Florida Statutes, is amended to read:
  523         626.916 Eligibility for export.—
  524         (1) No insurance coverage shall be eligible for export
  525  unless it meets all of the following conditions:
  526         (e) For personal residential property risks, the retail or
  527  producing agent must advise the insured in writing that coverage
  528  may be available and may be less expensive from Citizens
  529  Property Insurance Corporation. The notice must include other
  530  information that states that assessments by Citizens Property
  531  Insurance Corporation are higher and the coverage provided by
  532  Citizens Property Insurance Corporation may be less than the
  533  property’s existing coverage. If the notice is signed by the
  534  insured, it is presumed that the insured has been informed and
  535  knows that policies from Citizens Property Insurance Corporation
  536  may be less expensive, may provide less coverage, and will be
  537  accompanied by higher assessments.
  538         Section 17. Paragraph (e) is added to subsection (1) of
  539  section 626.9551, Florida Statutes, to read:
  540         626.9551 Favored agent or insurer; coercion of debtors.—
  541         (1) No person may:
  542         (e) Require an insurance agent or agency to directly or
  543  indirectly provide the replacement cost estimator or other
  544  underwriting information of an insurer underwriting an insurance
  545  policy covering real property as a condition precedent or
  546  condition subsequent to the lending of money or extension of
  547  credit to be secured by real property when such information is
  548  the proprietary business information of an insurer as defined in
  549  s. 624.4212(1). An insurance agent or agency may not provide
  550  such information to any person without authorization from the
  551  insurer.
  552         Section 18. Present subsections (4) through (10) of section
  553  627.715, Florida Statutes, are redesignated as subsections (5)
  554  through (11), respectively, and a new subsection (4) is added to
  555  that section, to read:
  556         627.715 Flood insurance.—An authorized insurer may issue an
  557  insurance policy, contract, or endorsement providing personal
  558  lines residential coverage for the peril of flood or excess
  559  coverage for the peril of flood on any structure or the contents
  560  of personal property contained therein, subject to this section.
  561  This section does not apply to commercial lines residential or
  562  commercial lines nonresidential coverage for the peril of flood.
  563  An insurer may issue flood insurance policies, contracts,
  564  endorsements, or excess coverage on a standard, preferred,
  565  customized, flexible, or supplemental basis.
  566         (4) An agent may export a contract or an endorsement
  567  providing flood coverage to an eligible surplus lines insurer
  568  without making a diligent effort to seek such coverage from
  569  three or more authorized insurers under s. 626.916(1)(a).
  570         Section 19. Section 633.136, Florida Statutes, is amended
  571  to read:
  572         633.136 Fire and Emergency Incident Information Reporting
  573  Program; duties; fire reports.—
  574         (1)(a) The Fire and Emergency Incident Information
  575  Reporting Program is created within the division. The program
  576  shall:
  577         1. Establish and maintain an electronic communication
  578  system capable of transmitting fire and emergency incident
  579  information to and between fire service providers protection
  580  agencies.
  581         2. Initiate a Fire and Emergency Incident Information
  582  Reporting System that is shall be responsible for:
  583         a. Receiving fire and emergency incident information from
  584  fire service providers protection agencies.
  585         b. Preparing and disseminating annual reports to the
  586  Governor, the President of the Senate, the Speaker of the House
  587  of Representatives, fire service providers protection agencies,
  588  and, upon request, the public. Each report must shall include,
  589  but not be limited to, the information listed in the National
  590  Fire Incident Reporting System.
  591         c. Upon request, providing other states and federal
  592  agencies with fire and emergency incident data of this state.
  593         3. Adopt rules to effectively and efficiently implement,
  594  administer, manage, maintain, and use the Fire and Emergency
  595  Incident Information Reporting Program. The rules shall be
  596  considered minimum requirements and may shall not preclude a
  597  fire service provider protection agency from implementing its
  598  own requirements that which may not conflict with the rules of
  599  the division.
  600         4. By rule, establish procedures and a format for each fire
  601  service provider protection agency to voluntarily monitor its
  602  records and submit reports to the program.
  603         5. Maintain Establish an electronic information database
  604  that is accessible and searchable by fire service providers
  605  protection agencies.
  606         (b) The division shall consult with the Florida Forest
  607  Service of the Department of Agriculture and Consumer Services
  608  and the State Surgeon General of the Department of Health to
  609  coordinate data, ensure accuracy of the data, and limit
  610  duplication of efforts in data collection, analysis, and
  611  reporting.
  612         (2) The Fire and Emergency Incident Information System
  613  Technical Advisory Panel is created within the division. The
  614  panel shall advise, review, and recommend to the State Fire
  615  Marshal with respect to the requirements of this section. The
  616  membership of the panel consists shall consist of the following
  617  15 members:
  618         (a) The current 13 members of the Firefighters Employment,
  619  Standards, and Training Council as established in s. 633.402.
  620         (b) One member from the Florida Forest Service of the
  621  Department of Agriculture and Consumer Services, appointed by
  622  the director of the Florida Forest Service.
  623         (c) One member from the Department of Health, appointed by
  624  the State Surgeon General.
  625         (3) As used in For the purpose of this section, the term
  626  “fire service provider” has the same meaning as in s. 633.102
  627  “fire protection agency” shall be defined by rule by the
  628  division.
  629         Section 20. Subsection (18) of section 633.202, Florida
  630  Statutes, is amended to read:
  631         633.202 Florida Fire Prevention Code.—
  632         (18) The authority having jurisdiction shall determine the
  633  minimum radio signal strength for fire department communications
  634  in all new high-rise and existing high-rise buildings. Existing
  635  buildings are not required to comply with minimum radio strength
  636  for fire department communications and two-way radio system
  637  enhancement communications as required by the Florida Fire
  638  Prevention Code until January 1, 2023 2022. However, by January
  639  1, 2022 December 31, 2019, an existing building that is not in
  640  compliance with the requirements for minimum radio strength for
  641  fire department communications must have completed a minimum
  642  radio strength assessment apply for an appropriate permit for
  643  the required installation with the local government agency
  644  having jurisdiction and must demonstrate that the building will
  645  become compliant by January 1, 2023 2022. Existing apartment
  646  buildings are not required to comply until January 1, 2025.
  647  However, existing apartment buildings must have completed a
  648  minimum radio strength assessment are required to apply for the
  649  appropriate permit for the required communications installation
  650  by December 31, 2022.
  651         Section 21. Section 633.217, Florida Statutes, is created
  652  to read:
  653         633.217Influencing a firesafety inspector; prohibited
  654  acts.
  655         (1) A person may not influence a firesafety inspector by:
  656         (a) Threatening, coercing, tricking, or attempting to
  657  threaten, coerce, or trick the firesafety inspector into
  658  violating any provision of the Florida Fire Prevention Code, any
  659  rule adopted by the State Fire Marshal, or any provision of this
  660  chapter.
  661         (b) Offering any compensation to the firesafety inspector
  662  to induce a violation of the Florida Fire Prevention Code, any
  663  rule adopted by the State Fire Marshal, or any provision of this
  664  chapter.
  665         (2) A firesafety inspector may not knowingly and
  666  intentionally request, solicit, accept, or agree to accept
  667  compensation offered as described in paragraph (1)(b).
  668  
  669  ================= T I T L E  A M E N D M E N T ================
  670  And the title is amended as follows:
  671         Delete lines 23 - 120
  672  and insert:
  673         circumstances; amending s. 497.101, F.S.; revising
  674         provisions relating to membership of the Board of
  675         Funeral, Cemetery, and Consumer Services within the
  676         Department of Financial Services; authorizing use of
  677         communications media technology for board member
  678         participation and determination of a quorum of the
  679         board; defining the term “communications media
  680         technology”; deleting a requirement for the department
  681         to adopt certain rules; making technical changes;
  682         creating s. 497.1411, F.S.; defining terms; providing
  683         for permanent disqualification of applicants for
  684         licensure under ch. 497, F.S., for certain offenses;
  685         providing for disqualifying periods for applicants for
  686         certain offenses; requiring the board to adopt rules;
  687         providing for calculation of disqualifying periods;
  688         providing conditions for licensure after completion of
  689         a disqualifying period; specifying the effect of a
  690         pardon or restoration of civil rights; providing for
  691         exemptions from disqualification if certain conditions
  692         are met; requiring an applicant for an exemption to
  693         provide certain evidence that he or she will not
  694         present a danger if licensed; granting the board the
  695         discretion to approve or deny an exemption; providing
  696         applicability; providing construction; amending s.
  697         497.142, F.S.; revising criminal history disclosure
  698         requirements for applicants seeking licensure under
  699         ch. 497, F.S.; amending s. 497.157, F.S.; prohibiting
  700         persons from acting as or advertising themselves as
  701         being funeral directors, embalmers, direct disposers,
  702         or preneed sales agents unless they are so licensed;
  703         prohibiting persons from engaging in certain
  704         activities requiring licensure without holding
  705         required licenses; revising the criminal penalty for
  706         unlicensed activity; making technical changes;
  707         amending s. 497.159, F.S.; conforming a provision to
  708         changes made by the act; amending s. 552.081, F.S.;
  709         revising the definition of the term “two-component
  710         explosives” for the purpose of regulation by the
  711         Division of State Fire Marshal; amending s. 553.7921,
  712         F.S.; authorizing a contractor repairing certain
  713         existing fire alarm systems to begin work after filing
  714         an application for a required permit but before
  715         receiving the permit; providing construction; amending
  716         s. 626.2815, F.S.; revising continuing education
  717         requirements for certain persons licensed to solicit,
  718         sell, or adjust insurance; amending s. 626.371, F.S.;
  719         requiring submission of renewal appointments of
  720         certain insurance representatives within a certain
  721         timeframe; requiring the department to notify certain
  722         insurers or employers regarding inadvertent failures
  723         to appoint; requiring insurers and employers to pay
  724         certain fees and taxes within a certain timeframe;
  725         authorizing the department to issue appointments under
  726         certain circumstances; prohibiting the department from
  727         considering inadvertent failures to appoint to be
  728         violations under certain circumstances; requiring the
  729         department to suspend an insurer’s or employer’s
  730         authority to appoint licensees under certain
  731         circumstances; amending s. 626.8443, F.S.; increasing
  732         the maximum period of suspension of a title insurance
  733         agent’s or agency’s license; making technical changes;
  734         amending s. 626.916, F.S.; deleting a requirement for
  735         agents to advise insureds that certain coverage may be
  736         available for personal residential property risks to
  737         be eligible for export under the Surplus Lines Law;
  738         amending s. 626.9551, F.S.; prohibiting a person from
  739         requiring an insurance agent or agency to provide
  740         replacement cost estimators or certain other
  741         proprietary business information under certain
  742         circumstances; prohibiting an insurance agent or
  743         agency from providing replacement cost estimators or
  744         certain other proprietary business information without
  745         written authorization; amending s. 627.715, F.S.;
  746         providing an exemption from a diligent effort
  747         requirement for agents exporting contracts or
  748         endorsements providing flood coverage; amending s.
  749         633.136, F.S.; replacing fire protection agencies in
  750         the Fire and Emergency Incident Information Reporting
  751         Program with fire service providers; revising the
  752         composition of the Fire and Emergency Incident
  753         Information System Technical Advisory Panel; defining
  754         the term “fire service provider”; amending s. 633.202,
  755         F.S.; extending a deadline for certain buildings to
  756         comply with a minimum radio signal strength
  757         requirement under the Florida Fire Prevention Code;
  758         requiring such buildings to meet certain conditions by
  759         a specified date; revising a condition that existing
  760         apartment buildings must meet by a specified date;
  761         making technical changes; creating s. 633.217, F.S.;
  762         prohibiting certain acts to influence a firesafety
  763         inspector to violate certain laws; prohibiting a
  764         firesafety inspector from knowingly and intentionally
  765         requesting, soliciting, accepting, or agreeing to
  766         accept certain compensation; amending s. 633.402,
  767         F.S.; revising the