Florida Senate - 2021 CS for SB 1408
By the Committee on Banking and Insurance; and Senator Burgess
597-02693-21 20211408c1
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 amending s. 284.30, F.S.; requiring the State Risk
6 Management Trust Fund to provide insurance for certain
7 firefighter cancer-related benefits; making technical
8 changes; amending s. 284.31, F.S.; requiring the
9 Insurance Risk Management Trust Fund to provide a
10 separate account for certain firefighter cancer
11 related benefits; making technical changes; amending
12 s. 284.385, F.S.; specifying a condition that must be
13 met before certain firefighter cancer-related benefits
14 may be paid from the State Risk Management Trust Fund;
15 making technical changes; creating s. 284.45, F.S.;
16 prohibiting individuals working for entities covered
17 by the State Risk Management Trust Fund from engaging
18 in retaliatory conduct against sexual harassment
19 victims; defining the term “sexual harassment victim”;
20 specifying a criminal penalty for the willful and
21 knowing dissemination of a sexual harassment victim’s
22 personal identifying information, except under certain
23 circumstances; amending s. 497.101, F.S.; revising
24 provisions relating to membership of the Board of
25 Funeral, Cemetery, and Consumer Services within the
26 Department of Financial Services; authorizing use of
27 communications media technology for board member
28 participation and determination of a quorum of the
29 board; defining the term “communications media
30 technology”; deleting a requirement for the department
31 to adopt certain rules; making technical changes;
32 creating s. 497.1411, F.S.; defining terms; providing
33 for permanent disqualification of applicants for
34 licensure under ch. 497, F.S., for certain offenses;
35 providing for disqualifying periods for applicants for
36 certain offenses; requiring the board to adopt rules;
37 providing for calculation of disqualifying periods;
38 providing conditions for licensure after completion of
39 a disqualifying period; specifying the effect of a
40 pardon or restoration of civil rights; providing for
41 exemptions from disqualification if certain conditions
42 are met; requiring an applicant for an exemption to
43 provide certain evidence that he or she will not
44 present a danger if licensed; granting the board the
45 discretion to approve or deny an exemption; providing
46 applicability; providing construction; amending s.
47 497.142, F.S.; revising criminal history disclosure
48 requirements for applicants seeking licensure under
49 ch. 497, F.S.; amending s. 497.157, F.S.; prohibiting
50 persons from acting as or advertising themselves as
51 being funeral directors, embalmers, direct disposers,
52 or preneed sales agents unless they are so licensed;
53 prohibiting persons from engaging in certain
54 activities requiring licensure without holding
55 required licenses; revising the criminal penalty for
56 unlicensed activity; making technical changes;
57 amending s. 497.159, F.S.; conforming a provision to
58 changes made by the act; amending s. 552.081, F.S.;
59 revising the definition of the term “two-component
60 explosives” for the purpose of regulation by the
61 Division of State Fire Marshal; amending s. 553.7921,
62 F.S.; authorizing a contractor repairing certain
63 existing fire alarm systems to begin work after filing
64 an application for a required permit but before
65 receiving the permit; providing construction; amending
66 s. 626.2815, F.S.; revising continuing education
67 requirements for certain persons licensed to solicit,
68 sell, or adjust insurance; amending s. 626.371, F.S.;
69 requiring submission of renewal appointments of
70 certain insurance representatives within a certain
71 timeframe; requiring the department to notify certain
72 insurers or employers regarding inadvertent failures
73 to appoint; requiring insurers and employers to pay
74 certain fees and taxes within a certain timeframe;
75 authorizing the department to issue appointments under
76 certain circumstances; prohibiting the department from
77 considering inadvertent failures to appoint to be
78 violations under certain circumstances; requiring the
79 department to suspend an insurer’s or employer’s
80 authority to appoint licensees under certain
81 circumstances; amending s. 626.8443, F.S.; increasing
82 the maximum period of suspension of a title insurance
83 agent’s or agency’s license; making technical changes;
84 amending s. 626.916, F.S.; deleting a requirement for
85 agents to advise insureds that certain coverage may be
86 available for personal residential property risks to
87 be eligible for export under the Surplus Lines Law;
88 amending s. 626.9551, F.S.; prohibiting a person from
89 requiring an insurance agent or agency to provide
90 replacement cost estimators or certain other
91 proprietary business information under certain
92 circumstances; prohibiting an insurance agent or
93 agency from providing replacement cost estimators or
94 certain other proprietary business information without
95 written authorization; amending s. 627.715, F.S.;
96 providing an exemption from a diligent effort
97 requirement for agents exporting contracts or
98 endorsements providing flood coverage; amending s.
99 633.136, F.S.; replacing fire protection agencies in
100 the Fire and Emergency Incident Information Reporting
101 Program with fire service providers; revising the
102 composition of the Fire and Emergency Incident
103 Information System Technical Advisory Panel; defining
104 the term “fire service provider”; amending s. 633.202,
105 F.S.; extending a deadline for certain buildings to
106 comply with a minimum radio signal strength
107 requirement under the Florida Fire Prevention Code;
108 requiring such buildings to meet certain conditions by
109 a specified date; revising a condition that existing
110 apartment buildings must meet by a specified date;
111 making technical changes; creating s. 633.217, F.S.;
112 prohibiting certain acts to influence a firesafety
113 inspector to violate certain laws; prohibiting a
114 firesafety inspector from knowingly and intentionally
115 requesting, soliciting, accepting, or agreeing to
116 accept certain compensation; amending s. 633.402,
117 F.S.; revising the composition of the Firefighters
118 Employment, Standards, and Training Council; amending
119 s. 633.416, F.S.; providing that certain persons
120 serving as volunteer firefighters may serve as a
121 regular or permanent firefighter for a limited period,
122 subject to certain restrictions; amending s. 648.30,
123 F.S.; prohibiting the aiding or abetting of unlicensed
124 activity of a bail bond agent or temporary bail bond
125 agent; providing criminal penalties; amending s.
126 843.08, F.S.; prohibiting false personation of
127 personnel or representatives of the Division of
128 Investigative and Forensic Services; amending s.
129 943.045, F.S.; revising the definition of the term
130 “criminal justice agency” to include the
131 investigations component of the department which
132 investigates certain crimes; reenacting s.
133 497.141(5)(a), F.S., relating to licensing and general
134 application procedures, to incorporate the amendment
135 made to s. 497.142, F.S., in a reference thereto;
136 providing effective dates.
137
138 Be It Enacted by the Legislature of the State of Florida:
139
140 Section 1. Paragraph (f) of subsection (2) of section
141 20.121, Florida Statutes, is amended to read:
142 20.121 Department of Financial Services.—There is created a
143 Department of Financial Services.
144 (2) DIVISIONS.—The Department of Financial Services shall
145 consist of the following divisions and office:
146 (f) The Division of Public Assistance Fraud, which shall
147 function as a criminal justice agency for purposes of ss.
148 943.045-943.08. The division shall conduct investigations
149 pursuant to s. 414.411 within or outside of this state as it
150 deems necessary. If, during an investigation, the division has
151 reason to believe that any criminal law of this state has or may
152 have been violated, it shall refer any records supporting such
153 violation to state or federal law enforcement or prosecutorial
154 agencies and shall provide investigative assistance to those
155 agencies as required.
156 Section 2. Section 284.30, Florida Statutes, is amended to
157 read:
158 284.30 State Risk Management Trust Fund; coverages to be
159 provided.—A state self-insurance fund, designated as the “State
160 Risk Management Trust Fund,” is created to be set up by the
161 Department of Financial Services and administered with a program
162 of risk management, which fund is to provide insurance, as
163 authorized by s. 284.33, for workers’ compensation, general
164 liability, fleet automotive liability, federal civil rights
165 actions under 42 U.S.C. s. 1983 or similar federal statutes,
166 benefits payable under s. 112.1816(2), and court-awarded
167 attorney attorney’s fees in other proceedings against the state
168 except for such awards in eminent domain or for inverse
169 condemnation or for awards by the Public Employees Relations
170 Commission. A party to a suit in any court, to be entitled to
171 have his or her attorney attorney’s fees paid by the state or
172 any of its agencies, must serve a copy of the pleading claiming
173 the fees on the Department of Financial Services; and thereafter
174 the department shall be entitled to participate with the agency
175 in the defense of the suit and any appeal thereof with respect
176 to such fees.
177 Section 3. Section 284.31, Florida Statutes, is amended to
178 read:
179 284.31 Scope and types of coverages; separate accounts.—The
180 Insurance Risk Management Trust Fund must shall, unless
181 specifically excluded by the Department of Financial Services,
182 cover all departments of the State of Florida and their
183 employees, agents, and volunteers and must shall provide
184 separate accounts for workers’ compensation, general liability,
185 fleet automotive liability, federal civil rights actions under
186 42 U.S.C. s. 1983 or similar federal statutes, benefits payable
187 to an employee of a state agency under s. 112.1816(2), and
188 court-awarded attorney attorney’s fees in other proceedings
189 against the state except for such awards in eminent domain or
190 for inverse condemnation or for awards by the Public Employees
191 Relations Commission. Unless specifically excluded by the
192 Department of Financial Services, the Insurance Risk Management
193 Trust Fund must shall provide fleet automotive liability
194 coverage to motor vehicles titled to the state, or to any
195 department of the state, when such motor vehicles are used by
196 community transportation coordinators performing, under contract
197 to the appropriate department of the state, services for the
198 transportation disadvantaged under part I of chapter 427. Such
199 fleet automotive liability coverage is shall be primary and is
200 shall be subject to the provisions of s. 768.28 and parts II and
201 III of chapter 284, and applicable rules adopted thereunder, and
202 the terms and conditions of the certificate of coverage issued
203 by the Department of Financial Services.
204 Section 4. Section 284.385, Florida Statutes, is amended to
205 read:
206 284.385 Reporting and handling of claims.—
207 (1) All departments covered by the State Risk Management
208 Trust Fund under this part shall immediately report all known or
209 potential claims to the Department of Financial Services for
210 handling, except employment complaints that which have not been
211 filed with the Florida Human Relations Commission, Equal
212 Employment Opportunity Commission, or any similar agency. When
213 deemed necessary, the Department of Financial Services shall
214 assign or reassign the claim to counsel. The assigned counsel
215 shall report regularly to the Department of Financial Services
216 or to the covered department on the status of any such claims or
217 litigation as required by the Department of Financial Services.
218 No Such claims may not claim shall be compromised or settled for
219 monetary compensation without the prior approval of the
220 Department of Financial Services and prior notification to the
221 covered department. All departments shall cooperate with the
222 Department of Financial Services in its handling of claims. The
223 Department of Financial Services and the Department of
224 Management Services, with the cooperation of the state attorneys
225 and the clerks of the courts, shall develop a system to
226 coordinate the exchange of information concerning claims for and
227 against the state, its agencies, and its subdivisions, to assist
228 in collection of amounts due to them. The covered department is
229 responsible shall have the responsibility for the settlement of
230 any claim for injunctive or affirmative relief under 42 U.S.C.
231 s. 1983 or similar federal or state statutes. The payment of a
232 settlement or judgment for any claim covered and reported under
233 this part may shall be made only from the State Risk Management
234 Trust Fund.
235 (2) Benefits provided under s. 112.1816(2) may not be paid
236 from the fund until each request for any out-of-pocket
237 deductible, copayment, or coinsurance costs and one-time cash
238 payout has been validated and approved by the Department of
239 Management Services.
240 Section 5. Section 284.45, Florida Statutes, is created to
241 read:
242 284.45 Sexual harassment victims.—
243 (1) An individual working for an entity covered by the
244 State Risk Management Trust Fund may not engage in retaliatory
245 conduct of any kind against a sexual harassment victim. As used
246 in this section, the term “sexual harassment victim” means an
247 individual employed, or being considered for employment, with an
248 entity participating in the State Risk Management Trust Fund who
249 becomes a victim of workplace sexual harassment through the
250 course of employment, or while being considered for employment,
251 with the entity.
252 (2) The willful and knowing dissemination of personal
253 identifying information of a sexual harassment victim, which is
254 confidential and exempt pursuant to s. 119.071(2)(n), to any
255 party other than a governmental entity in furtherance of its
256 official duties or pursuant to a court order is a misdemeanor of
257 the first degree, punishable as provided in s. 775.082.
258 Section 6. Subsections (1), (2), (3), (6), and (8) of
259 section 497.101, Florida Statutes, are amended to read:
260 497.101 Board of Funeral, Cemetery, and Consumer Services;
261 membership; appointment; terms.—
262 (1) The Board of Funeral, Cemetery, and Consumer Services
263 is created within the Department of Financial Services and shall
264 consist of 10 members, 9 of whom shall be appointed by the
265 Governor from nominations made by the Chief Financial Officer
266 and confirmed by the Senate. The Chief Financial Officer shall
267 nominate one to three persons for each of the nine vacancies on
268 the board, and the Governor shall fill each vacancy on the board
269 by appointing one of the three persons nominated by the Chief
270 Financial Officer to fill that vacancy. If the Governor objects
271 to each of the three nominations for a vacancy, she or he shall
272 inform the Chief Financial Officer in writing. Upon notification
273 of an objection by the Governor, the Chief Financial Officer
274 shall submit one to three additional nominations for that
275 vacancy until the vacancy is filled. One member must be the
276 State Health Officer or her or his designee.
277 (2) Two members of the board must shall be funeral
278 directors licensed under part III of this chapter who are
279 associated with a funeral establishment. One member of the board
280 must shall be a funeral director licensed under part III of this
281 chapter who is associated with a funeral establishment licensed
282 under part III of this chapter which that has a valid preneed
283 license issued pursuant to this chapter and who owns or operates
284 a cinerator facility approved under chapter 403 and licensed
285 under part VI of this chapter. Two members of the board must
286 shall be persons whose primary occupation is associated with a
287 cemetery company licensed pursuant to this chapter. Two Three
288 members of the board must shall be consumers who are residents
289 of this the state, have never been licensed as funeral directors
290 or embalmers, are not connected with a cemetery or cemetery
291 company licensed pursuant to this chapter, and are not connected
292 with the death care industry or the practice of embalming,
293 funeral directing, or direct disposition. One of the two
294 consumer members must shall be at least 60 years of age, and one
295 shall be licensed as a certified public accountant under chapter
296 473. One member of the board must be a consumer who is a
297 resident of this state; is licensed as a certified public
298 accountant under chapter 473; has never been licensed as a
299 funeral director or an embalmer; is not a principal or an
300 employee of any licensee licensed under this chapter; and does
301 not otherwise have control, as defined in s. 497.005, over any
302 licensee licensed under this chapter. One member of the board
303 must shall be a principal of a monument establishment licensed
304 under this chapter as a monument builder. One member must shall
305 be the State Health Officer or her or his designee. There may
306 shall not be two or more board members who are principals or
307 employees of the same company or partnership or group of
308 companies or partnerships under common control.
309 (3) Board members shall be appointed for terms of 4 years,
310 and the State Health Officer shall serve as long as that person
311 holds that office. The designee of the State Health Officer
312 shall serve at the pleasure of the Governor. When the terms of
313 the initial board members expire, the Chief Financial Officer
314 shall stagger the terms of the successor members as follows: one
315 funeral director, one cemetery representative, the monument
316 builder, and one consumer member shall be appointed for terms of
317 2 years, and the remaining members shall be appointed for terms
318 of 4 years. All subsequent terms shall be for 4 years.
319 (6) The board shall maintain its headquarters and records
320 of the board shall be in the Division of Funeral, Cemetery, and
321 Consumer Services of the Department of Financial Services in the
322 City of Tallahassee. The board may be contacted through the
323 Division of Funeral, Cemetery, and Consumer Services of the
324 Department of Financial Services in the City of Tallahassee. The
325 Chief Financial Officer shall annually appoint from among the
326 board members a chair and vice chair of the board. The board
327 shall meet at least every 6 months, and more often as necessary.
328 Special meetings of the board shall be convened upon the
329 direction of the Chief Financial Officer. A quorum is necessary
330 for the conduct of business by the board. The participation by a
331 board member in a meeting conducted through communications media
332 technology constitutes that individual’s presence at such
333 meeting. Board members appearing at a board meeting in person as
334 well as board members appearing through the use of
335 communications media technology shall be counted for the
336 determination of a quorum. As used in this subsection,
337 “communications media technology” means the electronic
338 transmission of printed matter, audio, full-motion video,
339 freeze-frame video, compressed video, and digital video by any
340 method available. Unless otherwise provided by law, a majority
341 of the board members eligible to vote constitutes a quorum for
342 the purpose of conducting its business six board members shall
343 constitute a quorum for the conduct of the board’s business.
344 (8) The department shall adopt rules establishing forms by
345 which persons may apply for membership on the board and
346 procedures for applying for such membership. Such forms shall
347 require disclosure of the existence and nature of all current
348 and past employments by or contracts with, and direct or
349 indirect affiliations or interests in, any entity or business
350 that at any time was licensed by the board or by the former
351 Board of Funeral and Cemetery Services or the former Board of
352 Funeral Directors and Embalmers or that is or was otherwise
353 involved in the death care industry, as specified by department
354 rule.
355 Section 7. Section 497.1411, Florida Statutes, is created
356 to read:
357 497.1411 Disqualification of applicants and licensees;
358 penalties against licensees; rulemaking.—
359 (1) For purposes of this section, the term:
360 (a) “Applicant” means an individual applying for licensure
361 or relicensure under this chapter, or an officer, a director, a
362 majority owner, a partner, a manager, or another person who
363 manages or controls an entity applying for licensure or
364 relicensure under this chapter.
365 (b) “Felony of the first degree” or “capital felony”
366 includes all felonies designated as such in this state at the
367 time of the commission of the offense, as well as any offense in
368 another jurisdiction which is substantially similar to an
369 offense so designated in this state.
370 (c) “Financial services business” means any financial
371 activity regulated by the department, the Office of Insurance
372 Regulation, or the Office of Financial Regulation.
373 (2) An applicant who has been found guilty of, or has
374 pleaded guilty or nolo contendere to any of the following
375 crimes, regardless of adjudication, is permanently barred from
376 licensure under this chapter:
377 (a) A felony of the first degree.
378 (b) A capital felony.
379 (c) A felony money laundering offense.
380 (d) A felony embezzlement.
381 (3) An applicant who has been found guilty of, or has
382 pleaded guilty or nolo contendere to a crime not included in
383 subsection (2), regardless of adjudication, is subject to:
384 (a) A 10-year disqualifying period for all felonies
385 involving moral turpitude which are not specifically included in
386 the permanent bar from licensure contained in subsection (2).
387 (b) A 5-year disqualifying period for all felonies to which
388 neither the permanent bar from licensure in subsection (2) nor
389 the 10-year disqualifying period in paragraph (a) applies.
390 (c) A 5-year disqualifying period for all misdemeanors
391 directly related to the financial services business.
392 (4) The board shall adopt rules to administer this section.
393 The rules must provide for additional disqualifying periods due
394 to the commitment of multiple crimes and may include other
395 factors reasonably related to the applicant’s criminal history.
396 The rules must provide for mitigating and aggravating factors.
397 However, mitigation may not result in a period of
398 disqualification of less than 5 years and may not mitigate the
399 disqualifying periods in paragraphs (3)(b) and (c).
400 (5) For purposes of this section, a disqualifying period
401 begins upon the applicant’s final release from supervision or
402 upon completion of the applicant’s criminal sentence. The
403 department may not issue a license to an applicant unless all
404 related fines, court costs and fees, and court-ordered
405 restitution have been paid.
406 (6) After the disqualifying period has expired, the burden
407 is on the applicant to demonstrate that he or she has been
408 rehabilitated, does not pose a risk to the public, is fit and
409 trustworthy to engage in business regulated by this chapter, and
410 is otherwise qualified for licensure.
411 (7) Notwithstanding subsections (2) and (3), an applicant
412 who has been found guilty of, or has pleaded guilty or nolo
413 contendere to, a crime in subsection (2) or subsection (3) and
414 who has subsequently been granted a pardon or the restoration of
415 civil rights pursuant to chapter 940 and s. 8, Art. IV of the
416 State Constitution, or a pardon or the restoration of civil
417 rights under the laws of another jurisdiction with respect to a
418 conviction in that jurisdiction, is not barred or disqualified
419 from licensure under this chapter. However, such a pardon or
420 restoration of civil rights does not require the department to
421 award such license.
422 (8)(a) The board may grant an exemption from
423 disqualification to any person disqualified from licensure under
424 subsection (3) if:
425 1. The applicant has paid in full any fee, fine, fund,
426 lien, civil judgment, restitution, or cost of prosecution
427 imposed by the court as part of the judgment and sentence for
428 any disqualifying offense; and
429 2. At least 5 years have elapsed since the applicant
430 completed or has been lawfully released from confinement,
431 supervision, or a nonmonetary condition imposed by the court for
432 a disqualifying offense.
433 (b) For the board to grant an exemption under this
434 subsection, the applicant must clearly and convincingly
435 demonstrate that he or she would not pose a risk to persons or
436 property if licensed under this chapter, evidence of which must
437 include, but need not be limited to, facts and circumstances
438 surrounding the disqualifying offense, the time that has elapsed
439 since the offense, the nature of the offense and harm caused to
440 the victim, the applicant’s history before and after the
441 offense, and any other evidence or circumstances indicating that
442 the applicant will not present a danger if licensed or
443 certified.
444 (c) The board has discretion whether to grant or deny an
445 exemption under this subsection. The board’s decision is subject
446 to chapter 120.
447 (9) The disqualification periods provided in this section
448 do not apply to the renewal of a license or to a new application
449 for licensure if the applicant has an active license as of July
450 1, 2021, and the applicable criminal history was considered by
451 the board on the prior approval of any active license held by
452 the applicant. This subsection does not affect any criminal
453 history disclosure requirements of this chapter.
454 Section 8. Subsection (9) and paragraph (c) of subsection
455 (10) of section 497.142, Florida Statutes, are amended to read:
456 497.142 Licensing; fingerprinting and criminal background
457 checks.—
458 (9) If any applicant under this chapter has been, within
459 the 10 years preceding the application under this chapter,
460 convicted or found guilty of, or entered a plea of nolo
461 contendere to, regardless of adjudication, any crime in any
462 jurisdiction, the application shall not be deemed complete until
463 such time as the applicant provides such certified true copies
464 of the court records evidencing the conviction, finding, or plea
465 as required by this section or, as the licensing authority may
466 by rule require.
467 (10)(c) Crimes to be disclosed are:
468 1. Any felony or misdemeanor, no matter when committed,
469 that was directly or indirectly related to or involving any
470 aspect of the practice or business of funeral directing,
471 embalming, direct disposition, cremation, funeral or cemetery
472 preneed sales, funeral establishment operations, cemetery
473 operations, or cemetery monument or marker sales or
474 installation.
475 2. Any misdemeanor, no matter when committed, which was
476 directly or indirectly related to the financial services
477 business as defined in s. 497.1411 Any other felony not already
478 disclosed under subparagraph 1. that was committed within the 20
479 years immediately preceding the application under this chapter.
480 3. Any other misdemeanor not already disclosed under
481 subparagraph 2. which subparagraph 1. that was committed within
482 the 5 years immediately preceding the application under this
483 chapter.
484 Section 9. Present subsections (2) through (5) of section
485 497.157, Florida Statutes, are redesignated as subsections (4)
486 through (7), respectively, new subsections (2) and (3) and
487 subsection (8) are added to that section, and present subsection
488 (3) of that section is amended, to read:
489 497.157 Unlicensed practice; remedies concerning violations
490 by unlicensed persons.—
491 (2) A person may not be, act as, or advertise or hold
492 himself or herself out to be a funeral director, an embalmer, or
493 a direct disposer unless he or she is currently licensed by the
494 department.
495 (3) A person may not be, act as, or advertise or hold
496 himself or herself out to be a preneed sales agent unless he or
497 she is currently licensed by the department and appointed by a
498 preneed main licensee for which he or she is executing preneed
499 contracts.
500 (5)(3) Where the department determines that an emergency
501 exists regarding any violation of this chapter by any unlicensed
502 person or entity, the department may issue and serve an
503 immediate final order upon such unlicensed person or entity, in
504 accordance with s. 120.569(2)(n). Such an immediate final order
505 may impose such prohibitions and requirements as are reasonably
506 necessary to protect the public health, safety, and welfare, and
507 is shall be effective when served.
508 (a) For the purpose of enforcing such an immediate final
509 order, the department may file an emergency or other proceeding
510 in the circuit courts of the state seeking enforcement of the
511 immediate final order by injunctive or other order of the court.
512 The court shall issue its injunction or other order enforcing
513 the immediate final order pending administrative resolution of
514 the matter under subsection (4) (2), unless the court determines
515 that such action would work a manifest injustice under the
516 circumstances. Venue for judicial actions under this paragraph
517 must shall be, at the election of the department, in the courts
518 of Leon County, or in a county where the respondent resides or
519 has a place of business.
520 (b) After serving an immediate final order to cease and
521 desist upon any person or entity, the department shall within 10
522 days issue and serve upon the same person or entity an
523 administrative complaint as set forth in subsection (4) (2),
524 except that, absent order of a court to the contrary, the
525 immediate final order will shall be effective throughout the
526 pendency of proceedings under subsection (4) (2).
527 (8) Any person who is not licensed under this chapter and
528 who engages in activity requiring licensure under this chapter
529 commits a felony of the third degree, punishable as provided in
530 s. 775.082, s. 775.083, or s. 775.084.
531 Section 10. Subsection (6) of section 497.159, Florida
532 Statutes, is amended to read:
533 497.159 Crimes.—
534 (6) Any person who is not licensed under this chapter who
535 engages in activity requiring licensure under this chapter,
536 commits a misdemeanor of the second degree, punishable as
537 provided in s. 775.082 or s. 775.083.
538 Section 11. Subsection (13) of section 552.081, Florida
539 Statutes, is amended to read:
540 552.081 Definitions.—As used in this chapter:
541 (13) “Two-component explosives” means any two inert
542 components that which, when mixed, become capable of detonation
543 by a detonator a No. 6 blasting cap, and shall be classified as
544 a Class “A” explosive when so mixed.
545 Section 12. Present subsection (2) of section 553.7921,
546 Florida Statutes, is redesignated as subsection (3), a new
547 subsection (2) is added to that section, and subsection (1) of
548 that section is amended, to read:
549 553.7921 Fire alarm permit application to local enforcement
550 agency.—
551 (1) A contractor must file a Uniform Fire Alarm Permit
552 Application as provided in subsection (3) (2) with the local
553 enforcement agency and must receive the fire alarm permit
554 before:
555 (a) installing or replacing a fire alarm, if the local
556 enforcement agency requires a plan review for the installation
557 or replacement; or
558 (b) Repairing an existing alarm system that was previously
559 permitted by the local enforcement agency if the local
560 enforcement agency requires a fire alarm permit for the repair.
561 (2) If the local enforcement agency requires a fire alarm
562 permit to repair an existing alarm system that was previously
563 permitted by the local enforcement agency, a contractor may
564 begin work after filing a Uniform Fire Alarm Permit Application
565 as provided in subsection (3). A fire alarm repaired pursuant to
566 this subsection may not be considered compliant until the
567 required permit is issued and the local enforcement agency
568 approves the repair.
569 Section 13. Effective January 1, 2022, subsection (3) of
570 section 626.2815, Florida Statutes, is amended to read:
571 626.2815 Continuing education requirements.—
572 (3) Each licensee except a title insurance agent must
573 complete a 4-hour 5-hour update course every 2 years which is
574 specific to the license held by the licensee. The course must be
575 developed and offered by providers and approved by the
576 department. The content of the course must address all lines of
577 insurance for which examination and licensure are required and
578 include the following subject areas: insurance law updates,
579 ethics for insurance professionals, disciplinary trends and case
580 studies, industry trends, premium discounts, determining
581 suitability of products and services, and other similar
582 insurance-related topics the department determines are relevant
583 to legally and ethically carrying out the responsibilities of
584 the license granted. A licensee who holds multiple insurance
585 licenses must complete an update course that is specific to at
586 least one of the licenses held. Except as otherwise specified,
587 any remaining required hours of continuing education are
588 elective and may consist of any continuing education course
589 approved by the department under this section.
590 (a) Except as provided in paragraphs (b), (c), (d), (e),
591 (i), and (j), each licensee must also complete 20 19 hours of
592 elective continuing education courses every 2 years.
593 (b) A licensee who has been licensed for 6 or more years
594 must also complete a minimum of 16 15 hours of elective
595 continuing education every 2 years.
596 (c) A licensee who has been licensed for 25 years or more
597 and is a CLU or a CPCU or has a Bachelor of Science degree in
598 risk management or insurance with evidence of 18 or more
599 semester hours in insurance-related courses must also complete a
600 minimum of 6 5 hours of elective continuing education courses
601 every 2 years.
602 (d) An individual who holds a license as a customer
603 representative and who is not a licensed life or health agent
604 must also complete a minimum of 6 5 hours of continuing
605 education courses every 2 years.
606 (e) An individual subject to chapter 648 must complete the
607 4-hour 5-hour update course and a minimum of 10 9 hours of
608 elective continuing education courses every 2 years.
609 (f) Elective continuing education courses for public
610 adjusters must be specifically designed for public adjusters and
611 approved by the department. Notwithstanding this subsection,
612 public adjusters for workers’ compensation insurance or health
613 insurance are not required to take continuing education courses
614 pursuant to this section.
615 (g) Excess hours accumulated during any 2-year compliance
616 period may be carried forward to the next compliance period.
617 (h) An individual teaching an approved course of
618 instruction or lecturing at any approved seminar and attending
619 the entire course or seminar qualifies for the same number of
620 classroom hours as would be granted to a person taking and
621 successfully completing such course or seminar. Credit is
622 limited to the number of hours actually taught unless a person
623 attends the entire course or seminar. An individual who is an
624 official of or employed by a governmental entity in this state
625 and serves as a professor, instructor, or in another position or
626 office, the duties and responsibilities of which are determined
627 by the department to require monitoring and review of insurance
628 laws or insurance regulations and practices, is exempt from this
629 section.
630 (i) For compliance periods beginning on or after October 1,
631 2014, any person who holds a license as a title insurance agent
632 must complete a minimum of 10 hours of continuing education
633 credit every 2 years in title insurance and escrow management
634 specific to this state and approved by the department, which
635 must shall include at least 3 hours of continuing education on
636 the subject matter of ethics, rules, or compliance with state
637 and federal regulations relating specifically to title insurance
638 and closing services.
639 (j) For a licensee who is an active participant in an
640 association, 2 hours of elective continuing education credit per
641 calendar year may be approved by the department, if properly
642 reported by the association.
643 Section 14. Subsections (1) and (2) of section 626.371,
644 Florida Statutes, are amended to read:
645 626.371 Payment of fees, taxes for appointment period
646 without appointment.—
647 (1) All initial and renewal appointments shall be submitted
648 to the department on a monthly basis no later than 45 days after
649 the date of appointment and become effective on the date
650 requested on the appointment form.
651 (2)(a) If, upon application and qualification for an
652 initial or renewal appointment and such investigation as the
653 department may make, it appears to the department determines
654 that an individual has not been properly appointed to represent
655 an insurer or employer, that such individual who was formerly
656 licensed or is currently licensed, but not properly appointed to
657 represent an insurer or employer and that such individual who
658 has been actively engaged or is currently actively engaged as
659 such an appointee, but without being appointed as required, the
660 department shall may, if it finds that such failure to be
661 appointed was an inadvertent error on the part of the insurer or
662 employer so represented, notify the insurer or employer of its
663 finding and of the requirement to pay all fees and taxes due
664 pursuant to paragraph (b) within 21 days.
665 (b) The department may nevertheless issue or authorize the
666 issuance of the appointment upon the insurer’s or employer’s
667 timely payment to the department of as applied for but subject
668 to the condition that, before the appointment is issued, all
669 fees and taxes that which would have been due had the applicant
670 been properly so appointed during such current and prior
671 periods, including with applicable fees and taxes that would
672 have been due pursuant to s. 624.501 for such current and prior
673 periods of appointment, shall be paid to the department.
674 (c) Upon proper appointment of the individual and payment
675 of all fees and taxes due pursuant to paragraph (b), paragraph
676 (3)(a), and s. 624.501 by the insurer or employer, the
677 department may no longer consider the inadvertent failure to
678 appoint to be a violation of this code.
679 (d) If the insurer or employer does not pay the fees and
680 taxes due pursuant to paragraph (b) within 21 days after notice
681 by the department, the department shall suspend the insurer’s or
682 employer’s authority to appoint licensees until all outstanding
683 fees and taxes have been paid.
684 Section 15. Subsection (1) of section 626.8443, Florida
685 Statutes, is amended to read:
686 626.8443 Duration of suspension or revocation.—
687 (1) The department shall, in its order suspending a title
688 insurance agent’s or agency’s license or appointment or in its
689 order suspending the eligibility of a person to hold or apply
690 for such license or appointment, specify the period during which
691 the suspension is to be in effect, but such period may shall not
692 exceed 2 years 1 year. The license, or appointment, or
693 eligibility will shall remain suspended during the period so
694 specified, subject, however, to any rescission or modification
695 of the order by the department, or modification or reversal
696 thereof by the court, prior to expiration of the suspension
697 period. A license, appointment, or eligibility that which has
698 been suspended may not be reinstated except upon request for
699 such reinstatement, but the department may shall not grant such
700 reinstatement if it finds that the circumstance or circumstances
701 for which the license, appointment, and eligibility was
702 suspended still exist or are likely to recur.
703 Section 16. Paragraph (e) of subsection (1) of section
704 626.916, Florida Statutes, is amended to read:
705 626.916 Eligibility for export.—
706 (1) No insurance coverage shall be eligible for export
707 unless it meets all of the following conditions:
708 (e) For personal residential property risks, the retail or
709 producing agent must advise the insured in writing that coverage
710 may be available and may be less expensive from Citizens
711 Property Insurance Corporation. The notice must include other
712 information that states that assessments by Citizens Property
713 Insurance Corporation are higher and the coverage provided by
714 Citizens Property Insurance Corporation may be less than the
715 property’s existing coverage. If the notice is signed by the
716 insured, it is presumed that the insured has been informed and
717 knows that policies from Citizens Property Insurance Corporation
718 may be less expensive, may provide less coverage, and will be
719 accompanied by higher assessments.
720 Section 17. Paragraph (e) is added to subsection (1) of
721 section 626.9551, Florida Statutes, to read:
722 626.9551 Favored agent or insurer; coercion of debtors.—
723 (1) No person may:
724 (e) Require an insurance agent or agency to directly or
725 indirectly provide the replacement cost estimator or other
726 underwriting information of an insurer underwriting an insurance
727 policy covering real property as a condition precedent or
728 condition subsequent to the lending of money or extension of
729 credit to be secured by real property when such information is
730 the proprietary business information of an insurer as defined in
731 s. 624.4212(1). An insurance agent or agency may not provide
732 such information to any person without authorization from the
733 insurer.
734 Section 18. Present subsections (4) through (10) of section
735 627.715, Florida Statutes, are redesignated as subsections (5)
736 through (11), respectively, and a new subsection (4) is added to
737 that section, to read:
738 627.715 Flood insurance.—An authorized insurer may issue an
739 insurance policy, contract, or endorsement providing personal
740 lines residential coverage for the peril of flood or excess
741 coverage for the peril of flood on any structure or the contents
742 of personal property contained therein, subject to this section.
743 This section does not apply to commercial lines residential or
744 commercial lines nonresidential coverage for the peril of flood.
745 An insurer may issue flood insurance policies, contracts,
746 endorsements, or excess coverage on a standard, preferred,
747 customized, flexible, or supplemental basis.
748 (4) An agent may export a contract or an endorsement
749 providing flood coverage to an eligible surplus lines insurer
750 without making a diligent effort to seek such coverage from
751 three or more authorized insurers under s. 626.916(1)(a).
752 Section 19. Section 633.136, Florida Statutes, is amended
753 to read:
754 633.136 Fire and Emergency Incident Information Reporting
755 Program; duties; fire reports.—
756 (1)(a) The Fire and Emergency Incident Information
757 Reporting Program is created within the division. The program
758 shall:
759 1. Establish and maintain an electronic communication
760 system capable of transmitting fire and emergency incident
761 information to and between fire service providers protection
762 agencies.
763 2. Initiate a Fire and Emergency Incident Information
764 Reporting System that is shall be responsible for:
765 a. Receiving fire and emergency incident information from
766 fire service providers protection agencies.
767 b. Preparing and disseminating annual reports to the
768 Governor, the President of the Senate, the Speaker of the House
769 of Representatives, fire service providers protection agencies,
770 and, upon request, the public. Each report must shall include,
771 but not be limited to, the information listed in the National
772 Fire Incident Reporting System.
773 c. Upon request, providing other states and federal
774 agencies with fire and emergency incident data of this state.
775 3. Adopt rules to effectively and efficiently implement,
776 administer, manage, maintain, and use the Fire and Emergency
777 Incident Information Reporting Program. The rules shall be
778 considered minimum requirements and may shall not preclude a
779 fire service provider protection agency from implementing its
780 own requirements that which may not conflict with the rules of
781 the division.
782 4. By rule, establish procedures and a format for each fire
783 service provider protection agency to voluntarily monitor its
784 records and submit reports to the program.
785 5. Maintain Establish an electronic information database
786 that is accessible and searchable by fire service providers
787 protection agencies.
788 (b) The division shall consult with the Florida Forest
789 Service of the Department of Agriculture and Consumer Services
790 and the State Surgeon General of the Department of Health to
791 coordinate data, ensure accuracy of the data, and limit
792 duplication of efforts in data collection, analysis, and
793 reporting.
794 (2) The Fire and Emergency Incident Information System
795 Technical Advisory Panel is created within the division. The
796 panel shall advise, review, and recommend to the State Fire
797 Marshal with respect to the requirements of this section. The
798 membership of the panel consists shall consist of the following
799 15 members:
800 (a) The current 13 members of the Firefighters Employment,
801 Standards, and Training Council as established in s. 633.402.
802 (b) One member from the Florida Forest Service of the
803 Department of Agriculture and Consumer Services, appointed by
804 the director of the Florida Forest Service.
805 (c) One member from the Department of Health, appointed by
806 the State Surgeon General.
807 (3) As used in For the purpose of this section, the term
808 “fire service provider” has the same meaning as in s. 633.102
809 “fire protection agency” shall be defined by rule by the
810 division.
811 Section 20. Subsection (18) of section 633.202, Florida
812 Statutes, is amended to read:
813 633.202 Florida Fire Prevention Code.—
814 (18) The authority having jurisdiction shall determine the
815 minimum radio signal strength for fire department communications
816 in all new high-rise and existing high-rise buildings. Existing
817 buildings are not required to comply with minimum radio strength
818 for fire department communications and two-way radio system
819 enhancement communications as required by the Florida Fire
820 Prevention Code until January 1, 2023 2022. However, by January
821 1, 2022 December 31, 2019, an existing building that is not in
822 compliance with the requirements for minimum radio strength for
823 fire department communications must have completed a minimum
824 radio strength assessment apply for an appropriate permit for
825 the required installation with the local government agency
826 having jurisdiction and must demonstrate that the building will
827 become compliant by January 1, 2023 2022. Existing apartment
828 buildings are not required to comply until January 1, 2025.
829 However, existing apartment buildings must have completed a
830 minimum radio strength assessment are required to apply for the
831 appropriate permit for the required communications installation
832 by December 31, 2022.
833 Section 21. Section 633.217, Florida Statutes, is created
834 to read:
835 633.217 Influencing a firesafety inspector; prohibited
836 acts.—
837 (1) A person may not influence a firesafety inspector by:
838 (a) Threatening, coercing, tricking, or attempting to
839 threaten, coerce, or trick the firesafety inspector into
840 violating any provision of the Florida Fire Prevention Code, any
841 rule adopted by the State Fire Marshal, or any provision of this
842 chapter.
843 (b) Offering any compensation to the firesafety inspector
844 to induce a violation of the Florida Fire Prevention Code, any
845 rule adopted by the State Fire Marshal, or any provision of this
846 chapter.
847 (2) A firesafety inspector may not knowingly and
848 intentionally request, solicit, accept, or agree to accept
849 compensation offered as described in paragraph (1)(b).
850 Section 22. Subsection (1) of section 633.402, Florida
851 Statutes, is amended to read:
852 633.402 Firefighters Employment, Standards, and Training
853 Council; organization; meetings; quorum; compensation; seal;
854 special powers; firefighter training.—
855 (1) There is created within the department a Firefighters
856 Employment, Standards, and Training Council of 15 14 members.
857 (a) The members shall be appointed as follows:
858 1. Two fire chiefs appointed by the Florida Fire Chiefs
859 Association.
860 2. Two firefighters, who are not officers, appointed by the
861 Florida Professional Firefighters Association.
862 3. Two firefighter officers, who are not fire chiefs,
863 appointed by the State Fire Marshal.
864 4. One individual appointed by the Florida League of
865 Cities.
866 5. One individual appointed by the Florida Association of
867 Counties.
868 6. One individual appointed by the Florida Association of
869 Special Districts.
870 7. One individual appointed by the Florida Fire Marshals’
871 and Inspectors’ Association.
872 8. One employee of the Florida Forest Service of the
873 Department of Agriculture and Consumer Services appointed by the
874 director of the Florida Forest Service.
875 9. One individual appointed by the State Fire Marshal.
876 10. One director or instructor of a state-certified
877 firefighting training facility appointed by the State Fire
878 Marshal.
879 11. One individual The remaining member, who shall be
880 appointed by the State Fire Marshal, who may not be a member or
881 representative of the firefighting profession or of any local
882 government.
883 12. One individual from the Department of Health, appointed
884 by the Surgeon General.
885 (b) To be eligible for appointment as a member under
886 subparagraph (a)1., subparagraph (a)2., subparagraph (a)3.,
887 subparagraph (a)8., or subparagraph (a)10., a person must have
888 had at least 4 years’ experience in the firefighting profession.
889 Members shall serve only as long as they continue to meet the
890 criteria under which they were appointed, or unless a member has
891 failed to appear at three consecutive and properly noticed
892 meetings unless excused by the chair.
893 Section 23. Subsection (1) of section 633.416, Florida
894 Statutes, is amended to read:
895 633.416 Firefighter employment and volunteer firefighter
896 service; saving clause.—
897 (1) A fire service provider may not employ an individual
898 to:
899 (a) Extinguish fires for the protection of life or property
900 or to supervise individuals who perform such services unless the
901 individual holds a current and valid Firefighter Certificate of
902 Compliance. However, a person who is currently serving as a
903 volunteer firefighter and holds a volunteer firefighter
904 certificate of completion with a fire service provider, who is
905 then employed as a regular or permanent firefighter by such fire
906 service provider, may function, for a period of 1 year under the
907 direct supervision of an individual holding a valid Firefighter
908 Certificate of Compliance, in the same capacity in which he or
909 she acted as a volunteer firefighter, provided that he or she
910 has completed all training required by the volunteer
911 organization. Under no circumstance can this period extend
912 beyond 1 year either collectively or consecutively from the
913 start of employment to obtain a Firefighter Certificate of
914 Compliance; or
915 (b) Serve as the administrative and command head of a fire
916 service provider for a period in excess of 1 year unless the
917 individual holds a current and valid Firefighter Certificate of
918 Compliance or Special Certificate of Compliance.
919 Section 24. Section 648.30, Florida Statutes, is amended to
920 read:
921 648.30 Licensure and appointment required; prohibited acts;
922 penalties.—
923 (1) A person may not act in the capacity of a bail bond
924 agent or temporary bail bond agent or perform any of the
925 functions, duties, or powers prescribed for bail bond agents or
926 temporary bail bond agents under this chapter unless that person
927 is qualified, licensed, and appointed as provided in this
928 chapter.
929 (2) A person may not represent himself or herself to be a
930 bail enforcement agent, bounty hunter, or other similar title in
931 this state.
932 (3) A person, other than a certified law enforcement
933 officer, may not apprehend, detain, or arrest a principal on a
934 bond, wherever issued, unless that person is qualified,
935 licensed, and appointed as provided in this chapter or licensed
936 as a bail bond agent or bail bond enforcement agent, or holds an
937 equivalent license by the state where the bond was written.
938 (4) Any person who violates this section commits a felony
939 of the third degree, punishable as provided in s. 775.082, s.
940 775.083, or s. 775.084.
941 (5) Any licensee under this chapter who knowingly aids or
942 abets an unlicensed person in violating this section commits a
943 felony of the third degree, punishable as provided in s.
944 775.082, s. 775.083, or s. 775.084.
945 Section 25. Section 843.08, Florida Statutes, is amended to
946 read:
947 843.08 False personation.—A person who falsely assumes or
948 pretends to be a firefighter, a sheriff, an officer of the
949 Florida Highway Patrol, an officer of the Fish and Wildlife
950 Conservation Commission, an officer of the Department of
951 Environmental Protection, a fire or arson investigator of the
952 Department of Financial Services, an officer of the Department
953 of Financial Services, any personnel or representative of the
954 Division of Investigative and Forensic Services, an officer of
955 the Department of Corrections, a correctional probation officer,
956 a deputy sheriff, a state attorney or an assistant state
957 attorney, a statewide prosecutor or an assistant statewide
958 prosecutor, a state attorney investigator, a coroner, a police
959 officer, a lottery special agent or lottery investigator, a
960 beverage enforcement agent, a school guardian as described in s.
961 30.15(1)(k), a security officer licensed under chapter 493, any
962 member of the Florida Commission on Offender Review or any
963 administrative aide or supervisor employed by the commission,
964 any personnel or representative of the Department of Law
965 Enforcement, or a federal law enforcement officer as defined in
966 s. 901.1505, and takes upon himself or herself to act as such,
967 or to require any other person to aid or assist him or her in a
968 matter pertaining to the duty of any such officer, commits a
969 felony of the third degree, punishable as provided in s.
970 775.082, s. 775.083, or s. 775.084. However, a person who
971 falsely personates any such officer during the course of the
972 commission of a felony commits a felony of the second degree,
973 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
974 If the commission of the felony results in the death or personal
975 injury of another human being, the person commits a felony of
976 the first degree, punishable as provided in s. 775.082, s.
977 775.083, or s. 775.084.
978 Section 26. Paragraph (f) is added to subsection (11) of
979 section 943.045, Florida Statutes, to read:
980 943.045 Definitions; ss. 943.045-943.08.—The following
981 words and phrases as used in ss. 943.045-943.08 shall have the
982 following meanings:
983 (11) “Criminal justice agency” means:
984 (f) The investigations component of the Department of
985 Financial Services which investigates the crimes of fraud and
986 official misconduct in all public assistance given to residents
987 of this state or provided to others by the state.
988 Section 27. For the purpose of incorporating the amendment
989 made by this act to section 497.142, Florida Statutes, in a
990 reference thereto, paragraph (a) of subsection (5) of section
991 497.141, Florida Statutes, is reenacted to read:
992 497.141 Licensing; general application procedures.—
993 (5)(a) The licensing authority may not issue, and effective
994 July 1, 2011, may not renew, a license under this chapter to an
995 applicant that has a criminal record required to be disclosed
996 under s. 497.142(10) unless the applicant demonstrates that
997 issuance of the license, according to rules adopted by the
998 licensing authority, does not create a danger to the public. A
999 licensee who previously disclosed her or his criminal record
1000 upon initial application or renewal of her or his license must
1001 disclose only a criminal offense for which the licensee was
1002 convicted or entered a plea of guilty or nolo contendere since
1003 the most recent renewal of her or his license or, if the license
1004 has not been renewed, since the licensee’s initial application.
1005 Section 28. Except as otherwise expressly provided in this
1006 act and except for this section, which shall take effect upon
1007 this act becoming a law, this act shall take effect July 1,
1008 2021.