Bill Text: FL S1404 | 2020 | Regular Session | Comm Sub
Bill Title: Financial Services
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2020-03-14 - Died on Calendar [S1404 Detail]
Download: Florida-2020-S1404-Comm_Sub.html
Florida Senate - 2020 CS for CS for SB 1404
By the Committees on Appropriations; and Banking and Insurance;
and Senators Perry and Brandes
576-04568-20 20201404c2
1 A bill to be entitled
2 An act relating to financial services; amending s.
3 20.121, F.S.; specifying powers and duties of the
4 Division of Public Assistance Fraud; amending s.
5 284.30, F.S.; requiring the State Risk Management
6 Trust Fund to provide insurance for certain
7 firefighter cancer-related benefits; amending s.
8 284.31, F.S.; requiring the Insurance Risk Management
9 Trust Fund to provide a separate account for certain
10 firefighter cancer-related benefits; amending s.
11 284.385, F.S.; specifying a condition that must be met
12 before such benefits may be paid from the State Risk
13 Management Trust Fund; creating s. 284.45, F.S.;
14 prohibiting individuals working for entities covered
15 by the State Risk Management Trust Fund from engaging
16 in retaliatory conduct against sexual harassment
17 victims; defining the term “sexual harassment victim”;
18 specifying a criminal penalty for the willful and
19 knowing dissemination of a sexual harassment victim’s
20 personal identifying information, except under certain
21 circumstances; specifying protected personal
22 identifying information; amending s. 497.101, F.S.;
23 revising provisions relating to membership of the
24 Board of Funeral, Cemetery, and Consumer Services
25 within the Department of Financial Services; deleting
26 a requirement for the department to adopt certain
27 rules; creating s. 497.1411, F.S.; defining terms;
28 providing for permanent disqualification of applicants
29 for licensure under ch. 497, F.S., for certain
30 offenses; providing for disqualifying periods for
31 applicants for certain offenses; requiring the board
32 to adopt rules; providing for calculation of
33 disqualifying periods; providing conditions for
34 licensure after completion of a disqualifying period;
35 specifying the effect of a pardon or clemency;
36 providing for exemptions from disqualification in
37 certain circumstances; providing procedures for
38 consideration of applications for such exemptions;
39 providing construction; amending s. 497.142, F.S.;
40 revising criminal history disclosure requirements for
41 applicants seeking licensure under ch. 497, F.S.;
42 amending s. 497.157, F.S.; prohibiting persons from
43 acting as or advertising themselves as being funeral
44 directors, embalmers, direct disposers, or preneed
45 sales agents unless they are so licensed; prohibiting
46 persons from engaging in certain activities requiring
47 licensure without holding required licenses; revising
48 the criminal penalty for unlicensed activity; amending
49 s. 497.159, F.S.; conforming a provision to changes
50 made by the act; amending s. 552.081, F.S.; revising
51 the definition of the term “two-component explosives”
52 for the purpose of regulation by the Division of State
53 Fire Marshal; amending s. 553.7921, F.S.; authorizing
54 a contractor repairing certain existing fire alarm
55 systems to begin work after filing an application for
56 a required permit but before receiving the permit;
57 providing construction; amending s. 626.2815, F.S.;
58 revising continuing education requirements for certain
59 persons licensed to solicit, sell, or adjust
60 insurance; amending s. 627.70132, F.S.; decreasing the
61 timeframe in which a notice of an initial claim for
62 loss or damage caused by the peril of windstorm or
63 hurricane must be given to a property insurer;
64 amending s. 633.102, F.S.; revising the authority of
65 certain fire protection system contractors to design
66 and alter certain systems; amending s. 633.136, F.S.;
67 replacing fire protection agencies in the Fire and
68 Emergency Incident Information Reporting Program with
69 fire service providers and defining the term; revising
70 the composition of the Fire and Emergency Incident
71 Information System Technical Advisory Panel; amending
72 s. 633.202, F.S.; extending a deadline for certain
73 buildings to comply with a minimum radio signal
74 strength requirement under the Florida Fire Prevention
75 Code; requiring such buildings to meet certain
76 conditions by a specified date; revising a condition
77 that existing apartment buildings must meet by a
78 specified date; extending the repeal date of
79 exemptions to the Florida Fire Prevention Code which
80 authorize doorstep refuse and recycling collection
81 containers to be in exit access corridors in certain
82 apartment occupancies under certain circumstances;
83 creating s. 633.217, F.S.; prohibiting certain acts to
84 influence a firesafety inspector to violate certain
85 laws; prohibiting a firesafety inspector from
86 knowingly and willfully accepting an attempt to
87 influence him or her to violate certain laws; amending
88 s. 633.304, F.S.; revising requirements for training
89 courses for licensees installing or maintaining
90 certain fire suppression equipment; amending s.
91 633.402, F.S.; revising the composition of the
92 Firefighters Employment, Standards, and Training
93 Council; amending s. 633.416, F.S.; providing that
94 certain persons serving as volunteer firefighters may
95 serve as a regular or permanent firefighter for a
96 limited period, subject to certain restrictions;
97 amending s. 843.08, F.S.; prohibiting false
98 personation of personnel or representatives of the
99 Division of Investigative and Forensic Services;
100 providing criminal penalties; amending s. 943.045,
101 F.S.; revising the definition of the term “criminal
102 justice agency” to include the investigations
103 component of the department which investigates certain
104 crimes; amending chapter 2019-140, L.O.F.; extending
105 the deadline for the Florida Blockchain Task Force to
106 submit its report to the Governor and the Legislature;
107 providing effective dates.
108
109 Be It Enacted by the Legislature of the State of Florida:
110
111 Section 1. Paragraph (f) of subsection (2) of section
112 20.121, Florida Statutes, is amended to read:
113 20.121 Department of Financial Services.—There is created a
114 Department of Financial Services.
115 (2) DIVISIONS.—The Department of Financial Services shall
116 consist of the following divisions and office:
117 (f) The Division of Public Assistance Fraud, which shall
118 function as a criminal justice agency for purposes of ss.
119 943.045-943.08. The division shall conduct investigations
120 pursuant to s. 414.411 within or outside of this state as it
121 deems necessary. If, during an investigation, the division has
122 reason to believe that any criminal law of this state has or may
123 have been violated, it shall refer any records tending to show
124 such violation to state or federal law enforcement or
125 prosecutorial agencies and shall provide investigative
126 assistance to those agencies as required.
127 Section 2. Section 284.30, Florida Statutes, is amended to
128 read:
129 284.30 State Risk Management Trust Fund; coverages to be
130 provided.—A state self-insurance fund, designated as the “State
131 Risk Management Trust Fund,” is created to be set up by the
132 Department of Financial Services and administered with a program
133 of risk management, which fund is to provide insurance, as
134 authorized by s. 284.33, for workers’ compensation, general
135 liability, fleet automotive liability, federal civil rights
136 actions under 42 U.S.C. s. 1983 or similar federal statutes,
137 benefits payable under s. 112.1816(2), and court-awarded
138 attorney attorney’s fees in other proceedings against the state
139 except for such awards in eminent domain or for inverse
140 condemnation or for awards by the Public Employees Relations
141 Commission. A party to a suit in any court, to be entitled to
142 have his or her attorney attorney’s fees paid by the state or
143 any of its agencies, must serve a copy of the pleading claiming
144 the fees on the Department of Financial Services; and thereafter
145 the department shall be entitled to participate with the agency
146 in the defense of the suit and any appeal thereof with respect
147 to such fees.
148 Section 3. Section 284.31, Florida Statutes, is amended to
149 read:
150 284.31 Scope and types of coverages; separate accounts.—The
151 Insurance Risk Management Trust Fund shall, unless specifically
152 excluded by the Department of Financial Services, cover all
153 departments of the State of Florida and their employees, agents,
154 and volunteers and shall provide separate accounts for workers’
155 compensation, general liability, fleet automotive liability,
156 federal civil rights actions under 42 U.S.C. s. 1983 or similar
157 federal statutes, benefits payable under s. 112.1816(2), and
158 court-awarded attorney attorney’s fees in other proceedings
159 against the state except for such awards in eminent domain or
160 for inverse condemnation or for awards by the Public Employees
161 Relations Commission. Unless specifically excluded by the
162 Department of Financial Services, the Insurance Risk Management
163 Trust Fund shall provide fleet automotive liability coverage to
164 motor vehicles titled to the state, or to any department of the
165 state, when such motor vehicles are used by community
166 transportation coordinators performing, under contract to the
167 appropriate department of the state, services for the
168 transportation disadvantaged under part I of chapter 427. Such
169 fleet automotive liability coverage shall be primary and shall
170 be subject to the provisions of s. 768.28 and parts II and III
171 of chapter 284, and applicable rules adopted thereunder, and the
172 terms and conditions of the certificate of coverage issued by
173 the Department of Financial Services.
174 Section 4. Section 284.385, Florida Statutes, is amended to
175 read:
176 284.385 Reporting and handling of claims.—
177 (1) All departments covered by the State Risk Management
178 Trust Fund under this part shall immediately report all known or
179 potential claims to the Department of Financial Services for
180 handling, except employment complaints which have not been filed
181 with the Florida Human Relations Commission, Equal Employment
182 Opportunity Commission, or any similar agency. When deemed
183 necessary, the Department of Financial Services shall assign or
184 reassign the claim to counsel. The assigned counsel shall report
185 regularly to the Department of Financial Services or to the
186 covered department on the status of any such claims or
187 litigation as required by the Department of Financial Services.
188 No such claim shall be compromised or settled for monetary
189 compensation without the prior approval of the Department of
190 Financial Services and prior notification to the covered
191 department. All departments shall cooperate with the Department
192 of Financial Services in its handling of claims. The Department
193 of Financial Services and the Department of Management Services,
194 with the cooperation of the state attorneys and the clerks of
195 the courts, shall develop a system to coordinate the exchange of
196 information concerning claims for and against the state, its
197 agencies, and its subdivisions, to assist in collection of
198 amounts due to them. The covered department shall have the
199 responsibility for the settlement of any claim for injunctive or
200 affirmative relief under 42 U.S.C. s. 1983 or similar federal or
201 state statutes. The payment of a settlement or judgment for any
202 claim covered and reported under this part shall be made only
203 from the State Risk Management Trust Fund.
204 (2) Benefits provided under s. 112.1816(2) may not be paid
205 from the fund until each request for any out-of-pocket
206 deductible, copayment, or coinsurance costs and one-time cash
207 payout has been validated and approved by the Department of
208 Management Services.
209 Section 5. Section 284.45, Florida Statutes, is created to
210 read:
211 284.45 Sexual harassment victims.—
212 (1) An individual working for an entity covered by the
213 State Risk Management Trust Fund may not engage in retaliatory
214 conduct of any kind against a sexual harassment victim. As used
215 in this section, the term “sexual harassment victim” means an
216 individual employed, or being considered for employment, with an
217 entity participating in the State Risk Management Trust Fund,
218 who becomes a victim of workplace sexual harassment through the
219 course of employment, or while being considered for employment,
220 with the entity.
221 (2) The willful and knowing dissemination of personal
222 identifying information of a sexual harassment victim to any
223 party other than a governmental entity in furtherance of its
224 official duties or pursuant to a court order is a misdemeanor of
225 the first degree, punishable as provided in s. 775.082. For
226 purposes of this subsection, personal identifying information
227 includes the name of the sexual harassment victim and his or
228 her:
229 (a) Home address;
230 (b) Home phone number;
231 (c) Cellular phone number;
232 (d) E-mail address;
233 (e) Social media account username or uniform resource
234 locator (URL); or
235 (f) Any other information that could reasonably be used to
236 identify an alleged sexual harassment victim.
237 Section 6. Subsections (1), (2), (3), (6), and (8) of
238 section 497.101, Florida Statutes, are amended to read:
239 497.101 Board of Funeral, Cemetery, and Consumer Services;
240 membership; appointment; terms.—
241 (1) The Board of Funeral, Cemetery, and Consumer Services
242 is created within the Department of Financial Services and shall
243 consist of 10 members, 9 of whom shall be appointed by the
244 Governor from nominations made by the Chief Financial Officer
245 and confirmed by the Senate. The Chief Financial Officer shall
246 nominate one to three persons for each of the nine vacancies on
247 the board, and the Governor shall fill each vacancy on the board
248 by appointing one of the three persons nominated by the Chief
249 Financial Officer to fill that vacancy. If the Governor objects
250 to each of the three nominations for a vacancy, she or he shall
251 inform the Chief Financial Officer in writing. Upon notification
252 of an objection by the Governor, the Chief Financial Officer
253 shall submit one to three additional nominations for that
254 vacancy until the vacancy is filled. One member must be the
255 State Health Officer or her or his designee.
256 (2) Two members of the board shall be funeral directors
257 licensed under part III of this chapter who are associated with
258 a funeral establishment. One member of the board shall be a
259 funeral director licensed under part III of this chapter who is
260 associated with a funeral establishment licensed under part III
261 of this chapter that has a valid preneed license issued pursuant
262 to this chapter and who owns or operates a cinerator facility
263 approved under chapter 403 and licensed under part VI of this
264 chapter. Two members of the board shall be persons whose primary
265 occupation is associated with a cemetery company licensed
266 pursuant to this chapter. Two Three members of the board shall
267 be consumers who are residents of the state, have never been
268 licensed as funeral directors or embalmers, are not connected
269 with a cemetery or cemetery company licensed pursuant to this
270 chapter, and are not connected with the death care industry or
271 the practice of embalming, funeral directing, or direct
272 disposition. One of the two consumer members shall be at least
273 60 years of age, and one shall be licensed as a certified public
274 accountant under chapter 473. One member of the board shall be a
275 consumer who is a resident of this state; is licensed as a
276 certified public accountant under chapter 473; has never been
277 licensed as a funeral director or embalmer; is not a principal
278 or employee of any licensee licensed under this chapter; and
279 does not otherwise have control, as defined in s. 497.005, over
280 any licensee licensed under this chapter. One member of the
281 board shall be a principal of a monument establishment licensed
282 under this chapter as a monument builder. One member shall be
283 the State Health Officer or her or his designee. There shall not
284 be two or more board members who are principals or employees of
285 the same company or partnership or group of companies or
286 partnerships under common control.
287 (3) Board members shall be appointed for terms of 4 years,
288 and the State Health Officer shall serve as long as that person
289 holds that office. The designee of the State Health Officer
290 shall serve at the pleasure of the Governor. When the terms of
291 the initial board members expire, the Chief Financial Officer
292 shall stagger the terms of the successor members as follows: one
293 funeral director, one cemetery representative, the monument
294 builder, and one consumer member shall be appointed for terms of
295 2 years, and the remaining members shall be appointed for terms
296 of 4 years. All subsequent terms shall be for 4 years.
297 (6) The headquarters and records of the board shall be in
298 the Division of Funeral, Cemetery, and Consumer Services of the
299 Department of Financial Services in the City of Tallahassee. The
300 board may be contacted through the Division of Funeral,
301 Cemetery, and Consumer Services of the Department of Financial
302 Services in the City of Tallahassee. The Chief Financial Officer
303 shall annually appoint from among the board members a chair and
304 vice chair of the board. The board shall meet at least every 6
305 months, and more often as necessary. Special meetings of the
306 board shall be convened upon the direction of the Chief
307 Financial Officer. A quorum is necessary for the conduct of
308 business by the board. Unless otherwise provided by law, a
309 majority of the board members eligible to vote shall constitute
310 a quorum for the purpose of conducting its business six board
311 members shall constitute a quorum for the conduct of the board’s
312 business.
313 (8) The department shall adopt rules establishing forms by
314 which persons may apply for membership on the board and
315 procedures for applying for such membership. Such forms shall
316 require disclosure of the existence and nature of all current
317 and past employments by or contracts with, and direct or
318 indirect affiliations or interests in, any entity or business
319 that at any time was licensed by the board or by the former
320 Board of Funeral and Cemetery Services or the former Board of
321 Funeral Directors and Embalmers or that is or was otherwise
322 involved in the death care industry, as specified by department
323 rule.
324 Section 7. Section 497.1411, Florida Statutes, is created
325 to read:
326 497.1411 Disqualification of applicants and licensees;
327 penalties against licensees; rulemaking.—
328 (1) For purposes of this section, the term:
329 (a) “Applicant” means an individual applying for licensure
330 or relicensure under this chapter, and an officer, a director, a
331 majority owner, a partner, a manager, or other person who
332 manages or controls an entity applying for licensure or
333 relicensure under this chapter.
334 (b) “Felony of the first degree” and “capital felony”
335 include all felonies designated as such in this state at the
336 time of the commission of the offense, as well as any offense in
337 another jurisdiction that is substantially similar to an offense
338 so designated in this state.
339 (c) “Financial services business” means any financial
340 activity regulated by the department, the Office of Insurance
341 Regulation, or the Office of Financial Regulation.
342 (2) An applicant who has been found guilty of or has
343 pleaded guilty or nolo contendere to any of the following
344 crimes, regardless of adjudication, is permanently barred from
345 licensure under this chapter:
346 (a) A felony of the first degree.
347 (b) A capital felony.
348 (c) A felony money laundering offense.
349 (d) A felony embezzlement.
350 (3) An applicant who has been found guilty of or has
351 pleaded guilty or nolo contendere to a crime not included in
352 subsection (2), regardless of adjudication, is subject to:
353 (a) A 10-year disqualifying period for all felonies
354 involving moral turpitude that are not specifically included in
355 the permanent bar contained in subsection (2).
356 (b) A 5-year disqualifying period for all felonies to which
357 neither the permanent bar in subsection (2) nor the 10-year
358 disqualifying period in paragraph (a) applies.
359 (c) A 5-year disqualifying period for all misdemeanors
360 directly related to the financial services business.
361 (4) The board shall adopt rules to administer this section.
362 The rules must provide for additional disqualifying periods due
363 to the commitment of multiple crimes and may include other
364 factors reasonably related to the applicant’s criminal history.
365 The rules shall provide for mitigating and aggravating factors.
366 However, mitigation may not result in a period of
367 disqualification of less than 5 years and may not mitigate the
368 disqualifying periods in paragraphs (3)(b) and (c).
369 (5) For purposes of this section, a disqualifying period
370 begins upon the applicant’s final release from supervision or
371 upon completion of the applicant’s criminal sentence. The
372 department may not issue a license to an applicant unless all
373 related fines, court costs and fees, and court-ordered
374 restitution have been paid.
375 (6) After the disqualifying period has expired, the burden
376 is on the applicant to demonstrate that he or she has been
377 rehabilitated, does not pose a risk to the public, is fit and
378 trustworthy to engage in business regulated by this chapter, and
379 is otherwise qualified for licensure.
380 (7) Notwithstanding subsections (2) and (3), an applicant
381 who has been found guilty of, or has pleaded guilty or nolo
382 contendere to, a crime in subsection (2) or subsection (3) and
383 who has subsequently been granted a pardon or the restoration of
384 civil rights pursuant to chapter 940 and s. 8, Art. IV of the
385 State Constitution, or a pardon or the restoration of civil
386 rights under the laws of another jurisdiction with respect to a
387 conviction in that jurisdiction, is not barred or disqualified
388 from licensure under this chapter. However, such a pardon or
389 restoration of civil rights does not require the department to
390 award such license.
391 (8)(a) The board may grant an exemption from
392 disqualification to any person disqualified from licensure under
393 subsection (3) if:
394 1. The applicant has paid in full any fee, fine, fund,
395 lien, civil judgment, restitution, or cost of prosecution
396 imposed by the court as part of the judgment and sentence for
397 any disqualifying offense; and
398 2. At least 5 years have elapsed since the applicant
399 completed or has been lawfully released from confinement,
400 supervision, or nonmonetary condition imposed by the court for a
401 disqualifying offense.
402 (b) For the board to grant an exemption under this
403 subsection, the applicant must clearly and convincingly
404 demonstrate that he or she would not pose a risk to persons or
405 property if licensed under this chapter, evidence of which must
406 include, but need not be limited to, facts and circumstances
407 surrounding the disqualifying offense, the time that has elapsed
408 since the offense, the nature of the offense and harm caused to
409 the victim, the applicant’s history before and after the
410 offense, and any other evidence or circumstances indicating that
411 the applicant will not present a danger if licensed or
412 certified.
413 (c) The board has discretion whether to grant or deny an
414 exemption under this subsection. The board’s decision is subject
415 to chapter 120.
416 (9) The disqualification periods provided in this section
417 do not apply to the renewal of a license or to a new application
418 for licensure if the applicant has an active license as of July
419 1, 2020, and the applicable criminal history was considered by
420 the board on the prior approval of any active license held by
421 the applicant. This subsection does not affect any criminal
422 history disclosure requirement of this chapter.
423 Section 8. Subsection (9) and paragraph (c) of subsection
424 (10) of section 497.142, Florida Statutes, are amended to read:
425 497.142 Licensing; fingerprinting and criminal background
426 checks.—
427 (9) If any applicant under this chapter has been, within
428 the 10 years preceding the application under this chapter,
429 convicted or found guilty of, or entered a plea of nolo
430 contendere to, regardless of adjudication, any crime in any
431 jurisdiction, the application shall not be deemed complete until
432 such time as the applicant provides such certified true copies
433 of the court records evidencing the conviction, finding, or plea
434 as required by this section or, as the licensing authority may
435 by rule require.
436 (10)(c) Crimes to be disclosed are:
437 1. Any felony or misdemeanor, no matter when committed,
438 that was directly or indirectly related to or involving any
439 aspect of the practice or business of funeral directing,
440 embalming, direct disposition, cremation, funeral or cemetery
441 preneed sales, funeral establishment operations, cemetery
442 operations, or cemetery monument or marker sales or
443 installation.
444 2. Any misdemeanor, no matter when committed, which was
445 directly or indirectly related to the financial services
446 business as defined in s. 497.1411 Any other felony not already
447 disclosed under subparagraph 1. that was committed within the 20
448 years immediately preceding the application under this chapter.
449 3. Any other misdemeanor not already disclosed under
450 subparagraph 2. subparagraph 1. that was committed within the 5
451 years immediately preceding the application under this chapter.
452 Section 9. Present subsections (2) through (5) of section
453 497.157, Florida Statutes, are redesignated as subsections (4)
454 through (7), respectively, new subsections (2) and (3) and
455 subsection (8) are added to that section, and present subsection
456 (3) of that section is amended, to read:
457 497.157 Unlicensed practice; remedies concerning violations
458 by unlicensed persons.—
459 (2) A person may not be, act as, or advertise or hold
460 himself or herself out to be a funeral director, embalmer, or
461 direct disposer unless he or she is currently licensed by the
462 department.
463 (3) A person may not be, act as, or advertise or hold
464 himself or herself out to be a preneed sales agent unless he or
465 she is currently licensed by the department and appointed by a
466 preneed main licensee for which they are executing preneed
467 contracts.
468 (5)(3) Where the department determines that an emergency
469 exists regarding any violation of this chapter by any unlicensed
470 person or entity, the department may issue and serve an
471 immediate final order upon such unlicensed person or entity, in
472 accordance with s. 120.569(2)(n). Such an immediate final order
473 may impose such prohibitions and requirements as are reasonably
474 necessary to protect the public health, safety, and welfare, and
475 shall be effective when served.
476 (a) For the purpose of enforcing such an immediate final
477 order, the department may file an emergency or other proceeding
478 in the circuit courts of the state seeking enforcement of the
479 immediate final order by injunctive or other order of the court.
480 The court shall issue its injunction or other order enforcing
481 the immediate final order pending administrative resolution of
482 the matter under subsection (4) (2), unless the court determines
483 that such action would work a manifest injustice under the
484 circumstances. Venue for judicial actions under this paragraph
485 shall be, at the election of the department, in the courts of
486 Leon County, or in a county where the respondent resides or has
487 a place of business.
488 (b) After serving an immediate final order to cease and
489 desist upon any person or entity, the department shall within 10
490 days issue and serve upon the same person or entity an
491 administrative complaint as set forth in subsection (4) (2),
492 except that, absent order of a court to the contrary, the
493 immediate final order shall be effective throughout the pendency
494 of proceedings under subsection (4) (2).
495 (8) Any person who is not licensed under this chapter and
496 who engages in activity requiring licensure under this chapter
497 commits a felony of the third degree, punishable as provided in
498 s. 775.082, s. 775.083, or s. 775.084.
499 Section 10. Subsection (6) of section 497.159, Florida
500 Statutes, is amended to read:
501 497.159 Crimes.—
502 (6) Any person who is not licensed under this chapter who
503 engages in activity requiring licensure under this chapter,
504 commits a misdemeanor of the second degree, punishable as
505 provided in s. 775.082 or s. 775.083.
506 Section 11. Subsection (13) of section 552.081, Florida
507 Statutes, is amended to read:
508 552.081 Definitions.—As used in this chapter:
509 (13) “Two-component explosives” means any two inert
510 components which, when mixed, become capable of detonation by
511 any detonator a No. 6 blasting cap, and shall be classified as a
512 Class “A” explosive when so mixed.
513 Section 12. Present subsection (2) of section 553.7921,
514 Florida Statutes, is redesignated as subsection (3), a new
515 subsection (2) is added to that section, and subsection (1) of
516 that section is amended, to read:
517 553.7921 Fire alarm permit application to local enforcement
518 agency.—
519 (1) A contractor must file a Uniform Fire Alarm Permit
520 Application as provided in subsection (3) (2) with the local
521 enforcement agency and must receive the fire alarm permit
522 before:
523 (a) installing or replacing a fire alarm, if the local
524 enforcement agency requires a plan review for the installation
525 or replacement; or
526 (b) Repairing an existing alarm system that was previously
527 permitted by the local enforcement agency if the local
528 enforcement agency requires a fire alarm permit for the repair.
529 (2) If the local enforcement agency requires a fire alarm
530 permit to repair an existing alarm system that was previously
531 permitted by the local enforcement agency, a contractor may
532 begin work after filing a Uniform Fire Alarm Permit Application
533 as provided in subsection (3). A fire alarm repaired pursuant to
534 this subsection may not be considered compliant until the
535 required permit is issued and the local enforcement agency
536 approves the repair.
537 Section 13. Effective January 1, 2021, subsection (3) of
538 section 626.2815, Florida Statutes, is amended to read:
539 626.2815 Continuing education requirements.—
540 (3) Each licensee except a title insurance agent must
541 complete a 4-hour 5-hour update course every 2 years which is
542 specific to the license held by the licensee. The course must be
543 developed and offered by providers and approved by the
544 department. The content of the course must address all lines of
545 insurance for which examination and licensure are required and
546 include the following subject areas: insurance law updates,
547 ethics for insurance professionals, disciplinary trends and case
548 studies, industry trends, premium discounts, determining
549 suitability of products and services, and other similar
550 insurance-related topics the department determines are relevant
551 to legally and ethically carrying out the responsibilities of
552 the license granted. A licensee who holds multiple insurance
553 licenses must complete an update course that is specific to at
554 least one of the licenses held. Except as otherwise specified,
555 any remaining required hours of continuing education are
556 elective and may consist of any continuing education course
557 approved by the department under this section.
558 (a) Except as provided in paragraphs (b), (c), (d), (e),
559 (i), and (j), each licensee must also complete 20 19 hours of
560 elective continuing education courses every 2 years.
561 (b) A licensee who has been licensed for 6 or more years
562 must also complete a minimum of 16 15 hours of elective
563 continuing education every 2 years.
564 (c) A licensee who has been licensed for 25 years or more
565 and is a CLU or a CPCU or has a Bachelor of Science degree in
566 risk management or insurance with evidence of 18 or more
567 semester hours in insurance-related courses must also complete a
568 minimum of 6 5 hours of elective continuing education courses
569 every 2 years.
570 (d) An individual who holds a license as a customer
571 representative and who is not a licensed life or health agent
572 must also complete a minimum of 6 5 hours of continuing
573 education courses every 2 years.
574 (e) An individual subject to chapter 648 must complete the
575 4-hour 5-hour update course and a minimum of 10 9 hours of
576 elective continuing education courses every 2 years.
577 (f) Elective continuing education courses for public
578 adjusters must be specifically designed for public adjusters and
579 approved by the department. Notwithstanding this subsection,
580 public adjusters for workers’ compensation insurance or health
581 insurance are not required to take continuing education courses
582 pursuant to this section.
583 (g) Excess hours accumulated during any 2-year compliance
584 period may be carried forward to the next compliance period.
585 (h) An individual teaching an approved course of
586 instruction or lecturing at any approved seminar and attending
587 the entire course or seminar qualifies for the same number of
588 classroom hours as would be granted to a person taking and
589 successfully completing such course or seminar. Credit is
590 limited to the number of hours actually taught unless a person
591 attends the entire course or seminar. An individual who is an
592 official of or employed by a governmental entity in this state
593 and serves as a professor, instructor, or in another position or
594 office, the duties and responsibilities of which are determined
595 by the department to require monitoring and review of insurance
596 laws or insurance regulations and practices, is exempt from this
597 section.
598 (i) For compliance periods beginning on or after October 1,
599 2014, any person who holds a license as a title insurance agent
600 must complete a minimum of 10 hours of continuing education
601 credit every 2 years in title insurance and escrow management
602 specific to this state and approved by the department, which
603 shall include at least 3 hours of continuing education on the
604 subject matter of ethics, rules, or compliance with state and
605 federal regulations relating specifically to title insurance and
606 closing services.
607 (j) For a licensee who is an active participant in an
608 association, 2 hours of elective continuing education credit per
609 calendar year may be approved by the department, if properly
610 reported by the association.
611 Section 14. Section 627.70132, Florida Statutes, is amended
612 to read:
613 627.70132 Notice of windstorm or hurricane claim.—An
614 initial claim under an insurance policy that provides property
615 insurance, as defined in s. 624.604, for loss or damage caused
616 by the peril of windstorm or hurricane is barred unless notice
617 of the initial claim was given to the insurer in accordance with
618 the terms of the policy within 24 months after the hurricane
619 first made landfall or the windstorm caused the covered damage.
620 A claim, supplemental claim, or reopened claim under an
621 insurance policy that provides property insurance, as defined in
622 s. 624.604, for loss or damage caused by the peril of windstorm
623 or hurricane is barred unless notice of the claim, supplemental
624 claim, or reopened claim was given to the insurer in accordance
625 with the terms of the policy within 3 years after the hurricane
626 first made landfall or the windstorm caused the covered damage.
627 For purposes of this section, the term “supplemental claim” or
628 “reopened claim” means any additional claim for recovery from
629 the insurer for losses from the same hurricane or windstorm
630 which the insurer has previously adjusted pursuant to the
631 initial claim. This section does not affect any applicable
632 limitation on civil actions provided in s. 95.11 for claims,
633 supplemental claims, or reopened claims timely filed under this
634 section.
635 Section 15. Subsection (3) of section 633.102, Florida
636 Statutes, is amended to read:
637 633.102 Definitions.—As used in this chapter, the term:
638 (3)(a) “Contractor I” means a contractor whose business
639 includes the execution of contracts requiring the ability to lay
640 out, fabricate, install, inspect, alter, repair, and service all
641 types of fire protection systems, excluding preengineered
642 systems.
643 (b) “Contractor II” means a contractor whose business is
644 limited to the execution of contracts requiring the ability to
645 lay out, fabricate, install, inspect, alter, repair, and service
646 water sprinkler systems, water spray systems, foam-water
647 sprinkler systems, foam-water spray systems, standpipes,
648 combination standpipes and sprinkler risers, all piping that is
649 an integral part of the system beginning at the point of service
650 as defined in this section, sprinkler tank heaters, air lines,
651 thermal systems used in connection with sprinklers, and tanks
652 and pumps connected thereto, excluding preengineered systems.
653 (c) “Contractor III” means a contractor whose business is
654 limited to the execution of contracts requiring the ability to
655 fabricate, install, inspect, alter, repair, and service carbon
656 dioxide systems, foam extinguishing systems, dry chemical
657 systems, and Halon and other chemical systems, excluding
658 preengineered systems.
659 (d) “Contractor IV” means a contractor whose business is
660 limited to the execution of contracts requiring the ability to
661 lay out, fabricate, install, inspect, alter, repair, and service
662 automatic fire sprinkler systems for detached one-family
663 dwellings, detached two-family dwellings, and mobile homes,
664 excluding preengineered systems and excluding single-family
665 homes in cluster units, such as apartments, condominiums, and
666 assisted living facilities or any building that is connected to
667 other dwellings. A Contractor IV is limited to the scope of
668 practice specified in NFPA 13D.
669 (e) “Contractor V” means a contractor whose business is
670 limited to the execution of contracts requiring the ability to
671 fabricate, install, inspect, alter, repair, and service the
672 underground piping for a fire protection system using water as
673 the extinguishing agent beginning at the point of service as
674 defined in this act and ending no more than 1 foot above the
675 finished floor.
676
677 The definitions in this subsection may not be construed to
678 include engineers or architects and do not limit or prohibit a
679 licensed fire protection engineer or architect with fire
680 protection design experience from designing any type of fire
681 protection system. A distinction is made between system design
682 concepts prepared by the design professional and system layout
683 as defined in this section and typically prepared by the
684 contractor. However, a person certified as a Contractor I or,
685 Contractor II, or Contractor IV under this chapter may design
686 new fire protection systems of 49 or fewer sprinklers;, and may
687 design the alteration of an existing fire sprinkler system if
688 the alteration consists of the relocation, addition, or deletion
689 of not more than 49 or fewer sprinklers, notwithstanding the
690 size of the existing fire sprinkler system; or may design the
691 alteration of an existing fire sprinkler system if the
692 alteration consists of the relocation or deletion of 249 or
693 fewer sprinklers, notwithstanding the size of the existing fire
694 sprinkler system, if there is no change of occupancy, as defined
695 in the Florida Building Code, of the affected areas and there is
696 no change in the water demand as defined in National Fire
697 Protection Association publication NFPA 13 “Standard for the
698 Installation of Sprinkler Systems,” and if the occupancy hazard
699 classification as defined in NFPA 13 is reduced or remains the
700 same as a result of the alteration. A person certified as a
701 Contractor I, Contractor II, or Contractor IV may design or
702 alter a fire protection system, the scope of which complies with
703 NFPA 13D, Standard for the Installation of Sprinkler Systems in
704 One- and Two-Family Dwellings and Manufactured Homes, as adopted
705 by the State Fire Marshal, notwithstanding the number of fire
706 sprinklers. Contractor-developed plans may not be required by
707 any local permitting authority to be sealed by a registered
708 professional engineer.
709 Section 16. Section 633.136, Florida Statutes, is amended
710 to read:
711 633.136 Fire and Emergency Incident Information Reporting
712 Program; duties; fire reports.—
713 (1)(a) The Fire and Emergency Incident Information
714 Reporting Program is created within the division. The program
715 shall:
716 1. Establish and maintain an electronic communication
717 system capable of transmitting fire and emergency incident
718 information to and between fire service providers protection
719 agencies.
720 2. Initiate a Fire and Emergency Incident Information
721 Reporting System that shall be responsible for:
722 a. Receiving fire and emergency incident information from
723 fire service providers protection agencies.
724 b. Preparing and disseminating annual reports to the
725 Governor, the President of the Senate, the Speaker of the House
726 of Representatives, fire service providers protection agencies,
727 and, upon request, the public. Each report shall include, but
728 not be limited to, the information listed in the National Fire
729 Incident Reporting System.
730 c. Upon request, providing other states and federal
731 agencies with fire and emergency incident data of this state.
732 3. Adopt rules to effectively and efficiently implement,
733 administer, manage, maintain, and use the Fire and Emergency
734 Incident Information Reporting Program. The rules shall be
735 considered minimum requirements and shall not preclude a fire
736 service provider protection agency from implementing its own
737 requirements which may not conflict with the rules of the
738 division.
739 4. By rule, establish procedures and a format for each fire
740 service provider protection agency to voluntarily monitor its
741 records and submit reports to the program.
742 5. Maintain Establish an electronic information database
743 that is accessible and searchable by fire service providers
744 protection agencies.
745 (b) The division shall consult with the Florida Forest
746 Service of the Department of Agriculture and Consumer Services
747 and the State Surgeon General of the Department of Health to
748 coordinate data, ensure accuracy of the data, and limit
749 duplication of efforts in data collection, analysis, and
750 reporting.
751 (2) The Fire and Emergency Incident Information System
752 Technical Advisory Panel is created within the division. The
753 panel shall advise, review, and recommend to the State Fire
754 Marshal with respect to the requirements of this section. The
755 membership of the panel shall consist of the following 15
756 members:
757 (a) The current 13 members of the Firefighters Employment,
758 Standards, and Training Council as established in s. 633.402.
759 (b) One member from the Florida Forest Service of the
760 Department of Agriculture and Consumer Services, appointed by
761 the director of the Florida Forest Service.
762 (c) One member from the Department of Health, appointed by
763 the State Surgeon General.
764 (3) As used in For the purpose of this section, the term
765 “fire service provider” has the same meaning as in s. 633.102
766 “fire protection agency” shall be defined by rule by the
767 division.
768 Section 17. Subsections (18) and (20) of section 633.202,
769 Florida Statutes, are amended to read:
770 633.202 Florida Fire Prevention Code.—
771 (18) The authority having jurisdiction shall determine the
772 minimum radio signal strength for fire department communications
773 in all new high-rise and existing high-rise buildings. Existing
774 buildings are not required to comply with minimum radio strength
775 for fire department communications and two-way radio system
776 enhancement communications as required by the Florida Fire
777 Prevention Code until January 1, 2023 2022. However, by January
778 1, 2022 December 31, 2019, an existing building that is not in
779 compliance with the requirements for minimum radio strength for
780 fire department communications must have completed a minimum
781 radio strength assessment apply for an appropriate permit for
782 the required installation with the local government agency
783 having jurisdiction and must demonstrate that the building will
784 become compliant by January 1, 2023 2022. Existing apartment
785 buildings are not required to comply until January 1, 2025.
786 However, existing apartment buildings must have completed a
787 minimum radio strength assessment are required to apply for the
788 appropriate permit for the required communications installation
789 by December 31, 2022.
790 (20)(a) In apartment occupancies with enclosed corridors
791 served by interior or exterior exit stairs, doorstep refuse and
792 recycling collection containers, which stand upright on their
793 own and do not leak liquids when standing upright, must be
794 allowed in exit access corridors when all of the following
795 conditions exist:
796 1. The maximum doorstep refuse and recycling collection
797 container size does not exceed 13 gallons.
798 2. Waste, which is in a doorstep refuse and recycling
799 collection container, is not placed in the exit access corridors
800 for single periods exceeding 5 hours.
801 3. Doorstep refuse and recycling collection containers do
802 not occupy the exit access corridors for single periods
803 exceeding 12 hours.
804 4. Doorstep refuse and recycling collection containers do
805 not reduce the means of egress width below that required under
806 NFPA Life Safety Code 101:31, as adopted under the Florida Fire
807 Prevention Code.
808 5. Management staff have written policies and procedures in
809 place and enforce them to ensure compliance with this paragraph,
810 and, upon request, provide a copy of such policies and
811 procedures to the authority having jurisdiction.
812 (b) In apartment occupancies with open-air corridors or
813 balconies served by exterior exit stairs, doorstep refuse and
814 recycling collection containers, which stand upright on their
815 own and do not leak liquids when standing upright, must be
816 allowed in exit access corridors when all of the following
817 conditions exist:
818 1. The maximum doorstep refuse and recycling collection
819 container size does not exceed 27 gallons.
820 2. Waste, which is in a doorstep refuse and recycling
821 collection container, is not placed in the exit access corridors
822 for single periods exceeding 5 hours.
823 3. Doorstep refuse and recycling collection containers do
824 not reduce the means of egress width below that required under
825 NFPA Life Safety Code 101:31, as adopted under the Florida Fire
826 Prevention Code.
827 4. Management staff have written policies and procedures in
828 place and enforce them to ensure compliance with this paragraph,
829 and, upon request, provide a copy of such policies and
830 procedures to the authority having jurisdiction.
831 (c) The authority having jurisdiction may approve
832 alternative containers and storage arrangements that are
833 demonstrated to provide an equivalent level of safety to that
834 provided under paragraphs (a) and (b).
835 (d) The authority having jurisdiction shall allow apartment
836 occupancies a phase-in period until December 31, 2020, to comply
837 with this subsection.
838 (e) This subsection is repealed on January 1, 2024 July 1,
839 2021.
840 Section 18. Section 633.217, Florida Statutes, is created
841 to read:
842 633.217 Influencing a firesafety inspector; prohibited
843 acts.—
844 (1) A person may not influence a firesafety inspector by:
845 (a) Threatening, coercing, tricking, or attempting to
846 threaten, coerce, or trick the firesafety inspector into
847 violating any provision of the Florida Fire Prevention Code, any
848 rule adopted by the State Fire Marshal, or any provision of this
849 chapter.
850 (b) Offering any compensation to the firesafety inspector
851 to induce a violation of the Florida Fire Prevention Code, any
852 rule adopted by the State Fire Marshal, or any provision of this
853 chapter.
854 (2) A firesafety inspector may not knowingly and willfully
855 accept an attempt by a person to influence the firesafety
856 inspector into violating any provision of the Florida Fire
857 Prevention Code, any rule adopted by the State Fire Marshal, or
858 any provision of this chapter.
859 Section 19. Paragraphs (d), (g), and (h) of subsection (4)
860 of section 633.304, Florida Statutes, are amended to read:
861 633.304 Fire suppression equipment; license to install or
862 maintain.—
863 (4)
864 (d) A license of any class may not be issued or renewed by
865 the division and a license of any class does not remain
866 operative unless:
867 1. The applicant has submitted to the State Fire Marshal
868 evidence of registration as a Florida corporation or evidence of
869 compliance with s. 865.09.
870 2. The State Fire Marshal or his or her designee has by
871 inspection determined that the applicant possesses the equipment
872 required for the class of license sought. The State Fire Marshal
873 shall give an applicant a reasonable opportunity to correct any
874 deficiencies discovered by inspection. To obtain such
875 inspection, an applicant with facilities located outside this
876 state must:
877 a. Provide a notarized statement from a professional
878 engineer licensed by the applicant’s state of domicile
879 certifying that the applicant possesses the equipment required
880 for the class of license sought and that all such equipment is
881 operable; or
882 b. Allow the State Fire Marshal or her or his designee to
883 inspect the facility. All costs associated with the State Fire
884 Marshal’s inspection must be paid by the applicant. The State
885 Fire Marshal, in accordance with s. 120.54, may adopt rules to
886 establish standards for the calculation and establishment of the
887 amount of costs associated with any inspection conducted by the
888 State Fire Marshal under this section. Such rules must include
889 procedures for invoicing and receiving funds in advance of the
890 inspection.
891 3. The applicant has submitted to the State Fire Marshal
892 proof of insurance providing coverage for comprehensive general
893 liability for bodily injury and property damage, products
894 liability, completed operations, and contractual liability. The
895 State Fire Marshal shall adopt rules providing for the amounts
896 of such coverage, but such amounts may not be less than $300,000
897 for Class A or Class D licenses, $200,000 for Class B licenses,
898 and $100,000 for Class C licenses; and the total coverage for
899 any class of license held in conjunction with a Class D license
900 may not be less than $300,000. The State Fire Marshal may, at
901 any time after the issuance of a license or its renewal, require
902 upon demand, and in no event more than 30 days after notice of
903 such demand, the licensee to provide proof of insurance, on the
904 insurer’s form, containing confirmation of insurance coverage as
905 required by this chapter. Failure, for any length of time, to
906 provide proof of insurance coverage as required must result in
907 the immediate suspension of the license until proof of proper
908 insurance is provided to the State Fire Marshal. An insurer that
909 provides such coverage shall notify the State Fire Marshal of
910 any change in coverage or of any termination, cancellation, or
911 nonrenewal of any coverage.
912 4. The applicant applies to the State Fire Marshal,
913 provides proof of experience, and successfully completes a
914 prescribed training course that includes both written and
915 practical training offered at by the State Fire College and or
916 an equivalent course approved by the State Fire Marshal as
917 applicable to the class of license being sought. This
918 subparagraph does not apply to any holder of or applicant for a
919 permit under paragraph (g) or to a business organization or a
920 governmental entity seeking initial licensure or renewal of an
921 existing license solely for the purpose of inspecting,
922 servicing, repairing, marking, recharging, and maintaining fire
923 extinguishers used and located on the premises of and owned by
924 such organization or entity.
925 5. The applicant has a current retestor identification
926 number that is appropriate for the license for which the
927 applicant is applying and that is listed with the United States
928 Department of Transportation.
929 6. The applicant has passed, with a grade of at least 70
930 percent, a written examination testing his or her knowledge of
931 the rules and statutes governing the activities authorized by
932 the license and demonstrating his or her knowledge and ability
933 to perform those tasks in a competent, lawful, and safe manner.
934 Such examination must be developed and administered by the State
935 Fire Marshal, or his or her designee in accordance with policies
936 and procedures of the State Fire Marshal. An applicant shall pay
937 a nonrefundable examination fee of $50 for each examination or
938 reexamination scheduled. A reexamination may not be scheduled
939 sooner than 30 days after any administration of an examination
940 to an applicant. An applicant may not be permitted to take an
941 examination for any level of license more than a total of four
942 times during 1 year, regardless of the number of applications
943 submitted. As a prerequisite to licensure of the applicant, he
944 or she:
945 a. Must be at least 18 years of age.
946 b. Must have 4 years of proven experience as a fire
947 equipment permittee at a level equal to or greater than the
948 level of license applied for or have a combination of education
949 and experience determined to be equivalent thereto by the State
950 Fire Marshal. Having held a permit at the appropriate level for
951 the required period constitutes the required experience.
952 c. Must not have been convicted of a felony or a crime
953 punishable by imprisonment of 1 year or more under the law of
954 the United States or of any state thereof or under the law of
955 any other country. “Convicted” means a finding of guilt or the
956 acceptance of a plea of guilty or nolo contendere in any federal
957 or state court or a court in any other country, without regard
958 to whether a judgment of conviction has been entered by the
959 court having jurisdiction of the case. If an applicant has been
960 convicted of any such felony, the applicant is excluded from
961 licensure for a period of 4 years after expiration of sentence
962 or final release by the Florida Commission on Offender Review
963 unless the applicant, before the expiration of the 4-year
964 period, has received a full pardon or has had her or his civil
965 rights restored.
966
967 This subparagraph does not apply to any holder of or applicant
968 for a permit under paragraph (g) or to a business organization
969 or a governmental entity seeking initial licensure or renewal of
970 an existing license solely for the purpose of inspecting,
971 servicing, repairing, marking, recharging, hydrotesting, and
972 maintaining fire extinguishers used and located on the premises
973 of and owned by such organization or entity.
974 (g) A permit of any class may not be issued or renewed to a
975 person by the division, and a permit of any class does not
976 remain operative, unless the person has:
977 1. Submitted a nonrefundable examination fee in the amount
978 of $50.
979 2. Successfully completed a training course that includes
980 both written and practical training offered at by the State Fire
981 College and or an equivalent course approved by the State Fire
982 Marshal as applicable to the class of license being sought.
983 3. Passed, with a grade of at least 70 percent, a written
984 examination testing his or her knowledge of the rules and
985 statutes governing the activities authorized by the permit and
986 demonstrating his or her knowledge and ability to perform those
987 tasks in a competent, lawful, and safe manner. Such examination
988 must be developed and administered by the State Fire Marshal in
989 accordance with the policies and procedures of the State Fire
990 Marshal. An examination fee must be paid for each examination
991 scheduled. A reexamination may not be scheduled sooner than 30
992 days after any administration of an examination to an applicant.
993 An applicant may not be permitted to take an examination for any
994 level of permit more than four times during 1 year, regardless
995 of the number of applications submitted. As a prerequisite to
996 taking the permit examination, the applicant must be at least 16
997 years of age.
998 (h) An applicant for a license or permit under this section
999 who fails the examination may take it three more times during
1000 the 1-year period after he or she originally filed an
1001 application for the examination. If the applicant fails the
1002 examination within 1 year after the application date and he or
1003 she seeks to retake the examination, he or she must file a new
1004 application, pay the application and examination fees, and
1005 successfully complete a prescribed training course that includes
1006 both written and practical training offered at by the State Fire
1007 College and or an equivalent course approved by the State Fire
1008 Marshal as applicable to the class of license being sought. The
1009 applicant may not submit a new application within 6 months after
1010 the date of his or her fourth reexamination. An applicant who
1011 passes the examination but does not meet the remaining
1012 qualifications prescribed by law and rule within 1 year after
1013 the application date must file a new application, pay the
1014 application and examination fee, successfully complete a
1015 prescribed training course that includes both written and
1016 practical training offered at approved by the State Fire College
1017 and or an equivalent course approved by the State Fire Marshal
1018 as applicable to the class of license being sought, and pass the
1019 written examination.
1020 Section 20. Subsection (1) of section 633.402, Florida
1021 Statutes, is amended to read:
1022 633.402 Firefighters Employment, Standards, and Training
1023 Council; organization; meetings; quorum; compensation; seal;
1024 special powers; firefighter training.—
1025 (1) There is created within the department a Firefighters
1026 Employment, Standards, and Training Council of 15 14 members.
1027 (a) The members shall be appointed as follows:
1028 1. Two fire chiefs appointed by the Florida Fire Chiefs
1029 Association.
1030 2. Two firefighters, who are not officers, appointed by the
1031 Florida Professional Firefighters Association.
1032 3. Two firefighter officers, who are not fire chiefs,
1033 appointed by the State Fire Marshal.
1034 4. One individual appointed by the Florida League of
1035 Cities.
1036 5. One individual appointed by the Florida Association of
1037 Counties.
1038 6. One individual appointed by the Florida Association of
1039 Special Districts.
1040 7. One individual appointed by the Florida Fire Marshals’
1041 and Inspectors’ Association.
1042 8. One employee of the Florida Forest Service of the
1043 Department of Agriculture and Consumer Services appointed by the
1044 director of the Florida Forest Service.
1045 9. One individual appointed by the State Fire Marshal.
1046 10. One director or instructor of a state-certified
1047 firefighting training facility appointed by the State Fire
1048 Marshal.
1049 11. One individual The remaining member, who shall be
1050 appointed by the State Fire Marshal, who may not be a member or
1051 representative of the firefighting profession or of any local
1052 government.
1053 12. One individual from the Department of Health, appointed
1054 by the Surgeon General.
1055 (b) To be eligible for appointment as a member under
1056 subparagraph (a)1., subparagraph (a)2., subparagraph (a)3.,
1057 subparagraph (a)8., or subparagraph (a)10., a person must have
1058 had at least 4 years’ experience in the firefighting profession.
1059 Members shall serve only as long as they continue to meet the
1060 criteria under which they were appointed, or unless a member has
1061 failed to appear at three consecutive and properly noticed
1062 meetings unless excused by the chair.
1063 Section 21. Subsection (1) of section 633.416, Florida
1064 Statutes, is amended to read:
1065 633.416 Firefighter employment and volunteer firefighter
1066 service; saving clause.—
1067 (1) A fire service provider may not employ an individual
1068 to:
1069 (a) Extinguish fires for the protection of life or property
1070 or to supervise individuals who perform such services unless the
1071 individual holds a current and valid Firefighter Certificate of
1072 Compliance. However, a person who is currently serving as a
1073 volunteer firefighter and holds a volunteer firefighter
1074 certificate of completion with a fire service provider, who is
1075 then employed as a regular or permanent firefighter by such fire
1076 service provider, may function, for a period of 1 year under the
1077 direct supervision of an individual holding a valid firefighter
1078 certificate of compliance, in the same capacity in which he or
1079 she acted as a volunteer firefighter, provided that he or she
1080 has completed all training required by the volunteer
1081 organization. Under no circumstance can this period extend
1082 beyond 1 year either collectively or consecutively from the
1083 start of employment to obtain a Firefighter Certificate of
1084 Compliance; or
1085 (b) Serve as the administrative and command head of a fire
1086 service provider for a period in excess of 1 year unless the
1087 individual holds a current and valid Firefighter Certificate of
1088 Compliance or Special Certificate of Compliance.
1089 Section 22. Section 843.08, Florida Statutes, is amended to
1090 read:
1091 843.08 False personation.—A person who falsely assumes or
1092 pretends to be a firefighter, a sheriff, an officer of the
1093 Florida Highway Patrol, an officer of the Fish and Wildlife
1094 Conservation Commission, an officer of the Department of
1095 Environmental Protection, a fire or arson investigator of the
1096 Department of Financial Services, an officer of the Department
1097 of Financial Services, any personnel or representative of the
1098 Division of Investigative and Forensic Services, an officer of
1099 the Department of Corrections, a correctional probation officer,
1100 a deputy sheriff, a state attorney or an assistant state
1101 attorney, a statewide prosecutor or an assistant statewide
1102 prosecutor, a state attorney investigator, a coroner, a police
1103 officer, a lottery special agent or lottery investigator, a
1104 beverage enforcement agent, a school guardian as described in s.
1105 30.15(1)(k), a security officer licensed under chapter 493, any
1106 member of the Florida Commission on Offender Review or any
1107 administrative aide or supervisor employed by the commission,
1108 any personnel or representative of the Department of Law
1109 Enforcement, or a federal law enforcement officer as defined in
1110 s. 901.1505, and takes upon himself or herself to act as such,
1111 or to require any other person to aid or assist him or her in a
1112 matter pertaining to the duty of any such officer, commits a
1113 felony of the third degree, punishable as provided in s.
1114 775.082, s. 775.083, or s. 775.084. However, a person who
1115 falsely personates any such officer during the course of the
1116 commission of a felony commits a felony of the second degree,
1117 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
1118 If the commission of the felony results in the death or personal
1119 injury of another human being, the person commits a felony of
1120 the first degree, punishable as provided in s. 775.082, s.
1121 775.083, or s. 775.084.
1122 Section 23. Paragraph (f) is added to subsection (11) of
1123 section 943.045, Florida Statutes, to read:
1124 943.045 Definitions; ss. 943.045-943.08.—The following
1125 words and phrases as used in ss. 943.045-943.08 shall have the
1126 following meanings:
1127 (11) “Criminal justice agency” means:
1128 (f) The investigations component of the Department of
1129 Financial Services which investigates the crimes of fraud and
1130 official misconduct in all public assistance given to residents
1131 of the state or provided to others by the state.
1132 Section 24. Effective upon this act becoming a law,
1133 subsection (3) of section 40 of chapter 2019-140, Laws of
1134 Florida, is amended to read:
1135 Section 40. (3) The task force shall submit a report to the
1136 Governor, the President of the Senate, and the Speaker of the
1137 House of Representatives and present its findings to the
1138 appropriate legislative committees in each house of the
1139 Legislature by January 31, 2021 within 180 days after the
1140 initial meeting of the task force. The report must include:
1141 (a) A general description of the costs and benefits of
1142 state and local government agencies using blockchain technology.
1143 (b) Recommendations concerning the feasibility of
1144 implementing blockchain technology in the state and the best
1145 approach to finance the cost of implementation.
1146 (c) Recommendations for specific implementations to be
1147 developed by relevant state agencies.
1148 (d) Any draft legislation the task force deems appropriate
1149 to implement such blockchain technologies.
1150 (e) Identification of one pilot project that may be
1151 implemented in the state.
1152 (f) Any other information deemed relevant by the task
1153 force.
1154 Section 25. Except as otherwise expressly provided in this
1155 act and except for this section, which shall take effect upon
1156 this act becoming a law, this act shall take effect July 1,
1157 2020.
