Florida Senate - 2016              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. CS for SB 992
       
       
       
       
       
                               Ì841824*Î841824                          
       
       576-03418-16                                                    
       Proposed Committee Substitute by the Committee on Appropriations
       (Appropriations Subcommittee on General Government)
    1                        A bill to be entitled                      
    2         An act relating to the Department of Financial
    3         Services; amending s. 48.151, F.S.; authorizing the
    4         Department of Financial Services to create an
    5         Internet-based transmission system to accept service
    6         of process; amending s. 110.1315, F.S.; removing a
    7         requirement that the Executive Office of the Governor
    8         review and approve a certain alternative retirement
    9         income security program provided by the department;
   10         amending s. 112.215, F.S.; authorizing the Chief
   11         Financial Officer, with the approval of the State
   12         Board of Administration, to include specified
   13         employees other than state employees in a deferred
   14         compensation plan; conforming a provision to a change
   15         made by the act; amending s. 137.09, F.S.; removing a
   16         requirement that the department approve certain bonds
   17         of county officers; amending s. 215.97, F.S.; revising
   18         and providing definitions; increasing the amount of a
   19         certain audit threshold; exempting specified higher
   20         education entities from certain audit requirements;
   21         revising the requirements for state-funded contracts
   22         or agreements between a state awarding agency and a
   23         higher education entity; providing an exception;
   24         providing applicability; conforming provisions to
   25         changes made by the act; amending s. 322.142, F.S.;
   26         authorizing the Department of Highway Safety and Motor
   27         Vehicles to provide certain driver license images to
   28         the Department of Financial Services for the purpose
   29         of investigating allegations of violations of the
   30         insurance code; amending s. 374.983, F.S.; naming the
   31         Board of Commissioners of the Florida Inland
   32         Navigation District, rather than the Chief Financial
   33         Officer, as the entity that receives and approves
   34         certain surety bonds of commissioners; amending s.
   35         509.211, F.S.; revising certain standards for carbon
   36         monoxide detector devices in specified spaces or rooms
   37         of public lodging establishments; deleting a provision
   38         authorizing the State Fire Marshal of the department
   39         to exempt a device from such standards; providing an
   40         alternative method of installing such devices;
   41         amending s. 624.307, F.S.; conforming provisions to
   42         changes made by the act; specifying requirements for
   43         the Chief Financial Officer in providing notice of
   44         electronic transmission of process documents; amending
   45         s. 624.423, F.S.; authorizing service of process by
   46         specified means; reenacting and amending s. 624.502,
   47         F.S.; specifying fees to be paid by the requestor to
   48         the department or Office of Insurance Regulation for
   49         certain service of process on authorized and
   50         unauthorized insurers; amending s. 626.854, F.S.;
   51         revising applicability of the definition of the term
   52         “public adjuster”; amending s. 626.907, F.S.;
   53         requiring a service of process fee for certain service
   54         of process made by the Chief Financial Officer;
   55         specifying the determination of a defendant’s last
   56         known principal place of business; amending s.
   57         626.921, F.S.; revising membership requirements of the
   58         Florida Surplus Lines Service Office board of
   59         governors; amending s. 626.9892, F.S.; providing that
   60         the department, rather than the Division of Insurance
   61         Fraud, investigates certain crimes; adding violations
   62         of specified statutes to the Anti-Fraud Reward
   63         Program; amending s. 627.7074, F.S.; providing an
   64         additional ground for disqualifying a neutral
   65         evaluator for disputed sinkhole insurance claims;
   66         creating s. 633.107, F.S.; authorizing the department
   67         to grant exemptions from disqualification for
   68         licensure or certification by the Division of State
   69         Fire Marshal under certain circumstances; specifying
   70         the information an applicant must provide; providing
   71         the manner in which the department must render its
   72         decision to grant or deny an exemption; providing
   73         procedures for an applicant to contest the decision;
   74         providing an exception from certain requirements;
   75         authorizing the division to adopt rules; creating s.
   76         633.135, F.S.; establishing the Firefighter Assistance
   77         Program for certain purposes; requiring the division
   78         to administer the program and annually award grants to
   79         qualifying fire departments; defining the term
   80         “combination fire department”; requiring the division
   81         to prioritize the annual award of grants to specified
   82         fire departments; providing eligibility requirements;
   83         requiring the State Fire Marshal to adopt rules and
   84         procedures; providing program requirements; amending
   85         s. 633.208, F.S.; revising applicability of the Life
   86         Safety Code to exclude one-family and two-family
   87         dwellings, rather than only such dwellings that are
   88         newly constructed; amending s. 633.216, F.S.;
   89         conforming a cross-reference; amending s. 633.408,
   90         F.S.; revising firefighter and volunteer firefighter
   91         certification requirements; specifying the duration of
   92         certain firefighter certifications; amending s.
   93         633.412, F.S.; deleting a requirement that the
   94         division suspend or revoke all issued certificates if
   95         an individual’s certificate is suspended or revoked;
   96         amending s. 633.414, F.S.; conforming provisions to
   97         changes made by the act; revising alternative
   98         requirements for renewing specified certifications;
   99         providing grounds for denial of, or disciplinary
  100         action against, certifications for a firefighter or
  101         volunteer firefighter; amending s. 633.426, F.S.;
  102         revising a definition; providing a date after which an
  103         individual is subject to revocation of certification
  104         under specified circumstances; amending s. 717.138,
  105         F.S.; providing applicability for the department’s
  106         rulemaking authority; providing an appropriation;
  107         providing an effective date.
  108          
  109  Be It Enacted by the Legislature of the State of Florida:
  110  
  111         Section 1. Subsection (3) of section 48.151, Florida
  112  Statutes, is amended to read:
  113         48.151 Service on statutory agents for certain persons.—
  114         (3) The Chief Financial Officer or his or her assistant or
  115  deputy or another person in charge of the office is the agent
  116  for service of process on all insurers applying for authority to
  117  transact insurance in this state, all licensed nonresident
  118  insurance agents, all nonresident disability insurance agents
  119  licensed pursuant to s. 626.835, any unauthorized insurer under
  120  s. 626.906 or s. 626.937, domestic reciprocal insurers,
  121  fraternal benefit societies under chapter 632, warranty
  122  associations under chapter 634, prepaid limited health service
  123  organizations under chapter 636, and persons required to file
  124  statements under s. 628.461. As an alternative to service of
  125  process made by mail or personal service on the Chief Financial
  126  Officer, on his or her assistant or deputy, or on another person
  127  in charge of the office, the Department of Financial Services
  128  may create an Internet-based transmission system to accept
  129  service of process by electronic transmission of documents.
  130         Section 2. Subsection (1) of section 110.1315, Florida
  131  Statutes, is amended to read:
  132         110.1315 Alternative retirement benefits; other-personal
  133  services employees.—
  134         (1) Upon review and approval by the Executive Office of the
  135  Governor, The Department of Financial Services shall provide an
  136  alternative retirement income security program for eligible
  137  temporary and seasonal employees of the state who are
  138  compensated from appropriations for other personal services. The
  139  Department of Financial Services may contract with a private
  140  vendor or vendors to administer the program under a defined
  141  contribution plan under ss. 401(a) and 403(b) or s. 457 of the
  142  Internal Revenue Code, and the program must provide retirement
  143  benefits as required under s. 3121(b)(7)(F) of the Internal
  144  Revenue Code. The Department of Financial Services may develop a
  145  request for proposals and solicit qualified vendors to compete
  146  for the award of the contract. A vendor shall be selected on the
  147  basis of the plan that best serves the interest of the
  148  participating employees and the state. The proposal must comply
  149  with all necessary federal and state laws and rules.
  150         Section 3. Paragraph (a) of subsection (4) and subsection
  151  (12) of section 112.215, Florida Statutes, are amended to read:
  152         112.215 Government employees; deferred compensation
  153  program.—
  154         (4)(a) The Chief Financial Officer, with the approval of
  155  the State Board of Administration, shall establish such plan or
  156  plans of deferred compensation for state employees and may
  157  include persons employed by a state university as defined in s.
  158  1000.21, a special district as defined in s. 189.012, or a water
  159  management district as defined in s. 189.012, including all such
  160  investment vehicles or products incident thereto, as may be
  161  available through, or offered by, qualified companies or
  162  persons, and may approve one or more such plans for
  163  implementation by and on behalf of the state and its agencies
  164  and employees.
  165         (12) The Chief Financial Officer may adopt any rule
  166  necessary to administer and implement this act with respect to
  167  deferred compensation plans for state employees and persons
  168  employed by a state university as defined in s. 1000.21, a
  169  special district as defined in s. 189.012, or a water management
  170  district as defined in s. 189.012.
  171         Section 4. Section 137.09, Florida Statutes, is amended to
  172  read:
  173         137.09 Justification and approval of bonds.—Each surety
  174  upon every bond of any county officer shall make affidavit that
  175  he or she is a resident of the county for which the officer is
  176  to be commissioned, and that he or she has sufficient visible
  177  property therein unencumbered and not exempt from sale under
  178  legal process to make good his or her bond. Every such bond
  179  shall be approved by the board of county commissioners and by
  180  the Department of Financial Services when the board is they and
  181  it are satisfied in its their judgment that the bond same is
  182  legal, sufficient, and proper to be approved.
  183         Section 5. Present paragraphs (h) through (y) of subsection
  184  (2) of section 215.97, Florida Statutes, are redesignated as
  185  paragraphs (i) through (z), respectively, a new paragraph (h) is
  186  added to that subsection, paragraph (a) and present paragraphs
  187  (m) and (v) of that subsection and paragraph (o) of subsection
  188  (8) are amended, present subsections (9), (10), and (11) of that
  189  section are renumbered as subsections (10), (11), and (12),
  190  respectively, and a new subsection (9) is added to that section,
  191  to read:
  192         215.97 Florida Single Audit Act.—
  193         (2) Definitions; As used in this section, the term:
  194         (a) “Audit threshold” means the threshold amount used to
  195  determine when a state single audit or project-specific audit of
  196  a nonstate entity shall be conducted in accordance with this
  197  section. Each nonstate entity that expends a total amount of
  198  state financial assistance equal to or in excess of $750,000
  199  $500,000 in any fiscal year of such nonstate entity shall be
  200  required to have a state single audit, or a project-specific
  201  audit, for such fiscal year in accordance with the requirements
  202  of this section. Every 2 years the Auditor General, after
  203  consulting with the Executive Office of the Governor, the
  204  Department of Financial Services, and all state awarding
  205  agencies, shall review the threshold amount for requiring audits
  206  under this section and may adjust such threshold amount
  207  consistent with the purposes of this section.
  208         (h) “Higher education entity” means a Florida College
  209  System institution or a state university, as those terms are
  210  defined in s. 1000.21.
  211         (n)(m) “Nonstate entity” means a local governmental entity,
  212  higher education entity, nonprofit organization, or for-profit
  213  organization that receives state financial assistance.
  214         (w)(v) “State project-specific audit” means an audit of one
  215  state project performed in accordance with the requirements of
  216  subsection (11) (10).
  217         (8) Each recipient or subrecipient of state financial
  218  assistance shall comply with the following:
  219         (o) A higher education entity is exempt from the
  220  requirements of paragraph (2)(a) and this subsection A contract
  221  involving the State University System or the Florida College
  222  System funded by state financial assistance may be in the form
  223  of:
  224         1.A fixed-price contract that entitles the provider to
  225  receive full compensation for the fixed contract amount upon
  226  completion of all contract deliverables;
  227         2.A fixed-rate-per-unit contract that entitles the
  228  provider to receive compensation for each contract deliverable
  229  provided;
  230         3.A cost-reimbursable contract that entitles the provider
  231  to receive compensation for actual allowable costs incurred in
  232  performing contract deliverables; or
  233         4. A combination of the contract forms described in
  234  subparagraphs 1., 2., and 3.
  235         (9) This subsection applies to any contract or agreement
  236  between a state awarding agency and a higher education entity
  237  that is funded by state financial assistance.
  238         (a) The contract or agreement must comply with ss.
  239  215.971(1) and 216.3475 and must be in the form of one or a
  240  combination of the following:
  241         1. A fixed-price contract that entitles the provider to
  242  receive compensation for the fixed contract amount upon
  243  completion of all contract deliverables.
  244         2. A fixed-rate-per-unit contract that entitles the
  245  provider to receive compensation for each contract deliverable
  246  provided.
  247         3. A cost-reimbursable contract that entitles the provider
  248  to receive compensation for actual allowable costs incurred in
  249  performing contract deliverables.
  250         (b) If a higher education entity has extremely limited or
  251  no required activities related to the administration of a state
  252  project and acts only as a conduit of state financial
  253  assistance, none of the requirements of this section apply to
  254  the conduit higher education entity. However, the subrecipient
  255  that is provided state financial assistance by the conduit
  256  higher education entity is subject to the requirements of this
  257  subsection and subsection (8).
  258         (c) Regardless of the amount of the state financial
  259  assistance, this subsection does not exempt a higher education
  260  entity from compliance with provisions of law that relate to
  261  maintaining records concerning state financial assistance to the
  262  higher education entity or that allow access and examination of
  263  those records by the state awarding agency, the higher education
  264  entity, the Department of Financial Services, or the Auditor
  265  General.
  266         (d) This subsection does not prohibit the state awarding
  267  agency from including terms and conditions in the contract or
  268  agreement which require additional assurances that the state
  269  financial assistance meets the applicable requirements of laws,
  270  regulations, and other compliance rules.
  271         Section 6. Subsection (4) of section 322.142, Florida
  272  Statutes, is amended to read:
  273         322.142 Color photographic or digital imaged licenses.—
  274         (4) The department may maintain a film negative or print
  275  file. The department shall maintain a record of the digital
  276  image and signature of the licensees, together with other data
  277  required by the department for identification and retrieval.
  278  Reproductions from the file or digital record are exempt from
  279  the provisions of s. 119.07(1) and may be made and issued only:
  280         (a) For departmental administrative purposes;
  281         (b) For the issuance of duplicate licenses;
  282         (c) In response to law enforcement agency requests;
  283         (d) To the Department of Business and Professional
  284  Regulation and the Department of Health pursuant to an
  285  interagency agreement for the purpose of accessing digital
  286  images for reproduction of licenses issued by the Department of
  287  Business and Professional Regulation or the Department of
  288  Health;
  289         (e) To the Department of State pursuant to an interagency
  290  agreement to facilitate determinations of eligibility of voter
  291  registration applicants and registered voters in accordance with
  292  ss. 98.045 and 98.075;
  293         (f) To the Department of Revenue pursuant to an interagency
  294  agreement for use in establishing paternity and establishing,
  295  modifying, or enforcing support obligations in Title IV-D cases;
  296         (g) To the Department of Children and Families pursuant to
  297  an interagency agreement to conduct protective investigations
  298  under part III of chapter 39 and chapter 415;
  299         (h) To the Department of Children and Families pursuant to
  300  an interagency agreement specifying the number of employees in
  301  each of that department’s regions to be granted access to the
  302  records for use as verification of identity to expedite the
  303  determination of eligibility for public assistance and for use
  304  in public assistance fraud investigations;
  305         (i) To the Agency for Health Care Administration pursuant
  306  to an interagency agreement for the purpose of authorized
  307  agencies verifying photographs in the Care Provider Background
  308  Screening Clearinghouse authorized under s. 435.12;
  309         (j) To the Department of Financial Services pursuant to an
  310  interagency agreement to facilitate the location of owners of
  311  unclaimed property, the validation of unclaimed property claims,
  312  and the identification of fraudulent or false claims, and the
  313  investigation of allegations of violations of the insurance code
  314  by licensees and unlicensed persons;
  315         (k) To district medical examiners pursuant to an
  316  interagency agreement for the purpose of identifying a deceased
  317  individual, determining cause of death, and notifying next of
  318  kin of any investigations, including autopsies and other
  319  laboratory examinations, authorized in s. 406.11; or
  320         (l) To the following persons for the purpose of identifying
  321  a person as part of the official work of a court:
  322         1. A justice or judge of this state;
  323         2. An employee of the state courts system who works in a
  324  position that is designated in writing for access by the Chief
  325  Justice of the Supreme Court or a chief judge of a district or
  326  circuit court, or by his or her designee; or
  327         3. A government employee who performs functions on behalf
  328  of the state courts system in a position that is designated in
  329  writing for access by the Chief Justice or a chief judge, or by
  330  his or her designee.
  331         Section 7. Subsection (2) of section 374.983, Florida
  332  Statutes, is amended to read:
  333         374.983 Governing body.—
  334         (2) The present board of commissioners of the district
  335  shall continue to hold office until their respective terms shall
  336  expire. Thereafter the members of the board shall continue to be
  337  appointed by the Governor for a term of 4 years and until their
  338  successors shall be duly appointed. Specifically, commencing on
  339  January 10, 1997, the Governor shall appoint the commissioners
  340  from Broward, Indian River, Martin, St. Johns, and Volusia
  341  Counties and on January 10, 1999, the Governor shall appoint the
  342  commissioners from Brevard, Miami-Dade, Duval, Flagler, Palm
  343  Beach, and St. Lucie Counties. The Governor shall appoint the
  344  commissioner from Nassau County for an initial term that
  345  coincides with the period remaining in the current terms of the
  346  commissioners from Broward, Indian River, Martin, St. Johns, and
  347  Volusia Counties. Thereafter, the commissioner from Nassau
  348  County shall be appointed to a 4-year term. Each new appointee
  349  must be confirmed by the Senate. Whenever a vacancy occurs among
  350  the commissioners, the person appointed to fill such vacancy
  351  shall hold office for the unexpired portion of the term of the
  352  commissioner whose place he or she is selected to fill. Each
  353  commissioner under this act before he or she assumes office
  354  shall be required to give a good and sufficient surety bond in
  355  the sum of $10,000 payable to the Governor and his or her
  356  successors in office, conditioned upon the faithful performance
  357  of the duties of his or her office, such bond to be approved by
  358  and filed with the board of commissioners of the district Chief
  359  Financial Officer. Any and all premiums upon such surety bonds
  360  shall be paid by the board of commissioners of such district as
  361  a necessary expense of the district.
  362         Section 8. Subsection (4) of section 509.211, Florida
  363  Statutes, is amended to read:
  364         509.211 Safety regulations.—
  365         (4) Every enclosed space or room that contains a boiler
  366  regulated under chapter 554 which is fired by the direct
  367  application of energy from the combustion of fuels and that is
  368  located in any portion of a public lodging establishment that
  369  also contains sleeping rooms shall be equipped with one or more
  370  carbon monoxide detector sensor devices that are listed as
  371  complying with ANSI/UL 2075, Standard for Gas and Vapor
  372  Detectors and Sensors, by a Nationally Recognized Testing
  373  Laboratory accredited by the Occupational Safety and Health
  374  Administration to list products to that standard bear the label
  375  of a nationally recognized testing laboratory and have been
  376  tested and listed as complying with the most recent Underwriters
  377  Laboratories, Inc., Standard 2034, or its equivalent, unless it
  378  is determined that carbon monoxide hazards have otherwise been
  379  adequately mitigated as determined by the Division of State Fire
  380  Marshal of the Department of Financial Services. Such devices
  381  must shall be integrated with the public lodging establishment’s
  382  fire detection system, or connected to the boiler safety circuit
  383  and wired so that the boiler is prevented from operating when
  384  carbon monoxide is detected until it is reset manually. Any such
  385  installation or determination shall be made in accordance with
  386  rules adopted by the Division of State Fire Marshal.
  387         Section 9. Subsection (9) of section 624.307, Florida
  388  Statutes, is amended to read:
  389         624.307 General powers; duties.—
  390         (9) Upon receiving service of legal process issued in any
  391  civil action or proceeding in this state against any regulated
  392  person or any unauthorized insurer under s. 626.906 or s.
  393  626.937 which is required to appoint the Chief Financial Officer
  394  as its attorney to receive service of all legal process, the
  395  Chief Financial Officer, as attorney, may, in lieu of sending
  396  the process by registered or certified mail, send the process or
  397  make it available by any other verifiable means, including, but
  398  not limited to, making the documents available by electronic
  399  transmission from a secure website established by the department
  400  to the person last designated by the regulated person or the
  401  unauthorized insurer to receive the process. When process
  402  documents are made available electronically, the Chief Financial
  403  Officer shall send a notice of receipt of service of process to
  404  the person last designated by the regulated person or
  405  unauthorized insurer to receive legal process. The notice must
  406  state the date and manner in which the copy of the process was
  407  made available to the regulated person or unauthorized insurer
  408  being served and contain the uniform resource locator (URL) for
  409  a hyperlink to access files and information on the department’s
  410  website to obtain a copy of the process.
  411         Section 10. Section 624.423, Florida Statutes, is amended
  412  to read:
  413         624.423 Serving process.—
  414         (1) Service of process upon the Chief Financial Officer as
  415  process agent of the insurer (under ss. s. 624.422 and 626.937)
  416  shall be made by serving a copy of the process upon the Chief
  417  Financial Officer or upon her or his assistant, deputy, or other
  418  person in charge of her or his office. Service may also be made
  419  by mail or electronically as provided in s. 48.151. Upon
  420  receiving such service, the Chief Financial Officer shall retain
  421  a record copy and promptly forward one copy of the process by
  422  registered or certified mail or by other verifiable means, as
  423  provided under s. 624.307(9), to the person last designated by
  424  the insurer to receive the same, as provided under s.
  425  624.422(2). For purposes of this section, records may be
  426  retained as paper or electronic copies.
  427         (2) If Where process is served upon the Chief Financial
  428  Officer as an insurer’s process agent, the insurer is shall not
  429  be required to answer or plead except within 20 days after the
  430  date upon which the Chief Financial Officer sends or makes
  431  available by other verifiable means mailed a copy of the process
  432  served upon her or him as required by subsection (1).
  433         (3) Process served upon the Chief Financial Officer and
  434  sent or made available in accordance with this section and s.
  435  624.307(9) copy thereof forwarded as in this section provided
  436  shall for all purposes constitute valid and binding service
  437  thereof upon the insurer.
  438         Section 11. Notwithstanding the expiration date in section
  439  41 of chapter 2015-222, Laws of Florida, section 624.502,
  440  Florida Statutes, as amended by chapter 2013-41, Laws of
  441  Florida, is reenacted and amended to read:
  442         624.502 Service of process fee.—In all instances as
  443  provided in any section of the insurance code and s. 48.151(3)
  444  in which service of process is authorized to be made upon the
  445  Chief Financial Officer or the director of the office, the party
  446  requesting service plaintiff shall pay to the department or
  447  office a fee of $15 for such service of process on an authorized
  448  insurer or on an unauthorized insurer, which fee shall be
  449  deposited into the Administrative Trust Fund.
  450         Section 12. Present paragraph (b) of subsection (2) of
  451  section 626.854, Florida Statutes, is redesignated as paragraph
  452  (c), and a new paragraph (b) is added to that subsection, to
  453  read:
  454         626.854 “Public adjuster” defined; prohibitions.—The
  455  Legislature finds that it is necessary for the protection of the
  456  public to regulate public insurance adjusters and to prevent the
  457  unauthorized practice of law.
  458         (2) This definition does not apply to:
  459         (b) A licensed health insurance agent who assists an
  460  insured with coverage questions, medical procedure coding
  461  issues, balance billing issues, understanding the claims filing
  462  process, or filing a claim, as such assistance relates to
  463  coverage under a health insurance policy.
  464         Section 13. Subsection (1) of section 626.907, Florida
  465  Statutes, is amended to read:
  466         626.907 Service of process; judgment by default.—
  467         (1) Service of process upon an insurer or person
  468  representing or aiding such insurer pursuant to s. 626.906 shall
  469  be made by delivering to and leaving with the Chief Financial
  470  Officer, his or her assistant or deputy, or another person in
  471  charge of the or some person in apparent charge of his or her
  472  office two copies thereof and the service of process fee as
  473  required in s. 624.502. The Chief Financial Officer shall
  474  forthwith mail by registered mail, commercial carrier, or any
  475  verifiable means, one of the copies of such process to the
  476  defendant at the defendant’s last known principal place of
  477  business as provided by the party submitting the documents and
  478  shall keep a record of all process so served upon him or her.
  479  The service of process is sufficient, provided notice of such
  480  service and a copy of the process are sent within 10 days
  481  thereafter by registered mail by plaintiff or plaintiff’s
  482  attorney to the defendant at the defendant’s last known
  483  principal place of business, and the defendant’s receipt, or
  484  receipt issued by the post office with which the letter is
  485  registered, showing the name of the sender of the letter and the
  486  name and address of the person to whom the letter is addressed,
  487  and the affidavit of the plaintiff or plaintiff’s attorney
  488  showing a compliance herewith are filed with the clerk of the
  489  court in which the action is pending on or before the date the
  490  defendant is required to appear, or within such further time as
  491  the court may allow.
  492         Section 14. Paragraph (a) of subsection (4) of section
  493  626.921, Florida Statutes, is amended to read:
  494         626.921 Florida Surplus Lines Service Office.—
  495         (4) The association shall operate under the supervision of
  496  a board of governors consisting of:
  497         (a) Five individuals nominated by the Florida Surplus Lines
  498  Association and appointed by the department from the regular
  499  membership of the Florida Surplus Lines Association.
  500  
  501  Each board member shall be appointed to serve beginning on the
  502  date designated by the plan of operation and shall serve at the
  503  pleasure of the department for a 3-year term, such term
  504  initially to be staggered by the plan of operation so that three
  505  appointments expire in 1 year, three appointments expire in 2
  506  years, and three appointments expire in 3 years. Members may be
  507  reappointed for subsequent terms. The board of governors shall
  508  elect such officers as may be provided in the plan of operation.
  509         Section 15. Subsection (2) of section 626.9892, Florida
  510  Statutes, is amended to read:
  511         626.9892 Anti-Fraud Reward Program; reporting of insurance
  512  fraud.—
  513         (2) The department may pay rewards of up to $25,000 to
  514  persons providing information leading to the arrest and
  515  conviction of persons committing crimes investigated by the
  516  department Division of Insurance Fraud arising from violations
  517  of s. 440.105, s. 624.15, s. 626.9541, s. 626.989, s. 790.164,
  518  s. 790.165, s. 790.166, s. 806.031, s. 806.10, s. 806.111, s.
  519  817.233, or s. 817.234.
  520         Section 16. Paragraph (a) of subsection (7) of section
  521  627.7074, Florida Statutes, is amended to read:
  522         627.7074 Alternative procedure for resolution of disputed
  523  sinkhole insurance claims.—
  524         (7) Upon receipt of a request for neutral evaluation, the
  525  department shall provide the parties a list of certified neutral
  526  evaluators. The department shall allow the parties to submit
  527  requests to disqualify evaluators on the list for cause.
  528         (a) The department shall disqualify neutral evaluators for
  529  cause based only on any of the following grounds:
  530         1. A familial relationship within the third degree exists
  531  between the neutral evaluator and either party or a
  532  representative of either party.
  533         2. The proposed neutral evaluator has, in a professional
  534  capacity, previously represented either party or a
  535  representative of either party in the same or a substantially
  536  related matter.
  537         3. The proposed neutral evaluator has, in a professional
  538  capacity, represented another person in the same or a
  539  substantially related matter and that person’s interests are
  540  materially adverse to the interests of the parties. The term
  541  “substantially related matter” means participation by the
  542  neutral evaluator on the same claim, property, or adjacent
  543  property.
  544         4. The proposed neutral evaluator has, within the preceding
  545  5 years, worked as an employer or employee of any party to the
  546  case.
  547         5. The proposed neutral evaluator has, within the preceding
  548  5 years, worked for any entity that performed any sinkhole loss
  549  testing, review, or analysis for the property.
  550         Section 17. Section 633.107, Florida Statutes, is created
  551  to read:
  552         633.107 Exemption from disqualification from licensure or
  553  certification.—
  554         (1) The department may grant an exemption from
  555  disqualification to any person disqualified from licensure or
  556  certification by the Division of State Fire Marshal under this
  557  chapter because of a criminal record or dishonorable discharge
  558  from the United States Armed Forces if the applicant has paid in
  559  full any fee, fine, fund, lien, civil judgment, restitution,
  560  cost of prosecution, or trust contribution imposed by the court
  561  as part of the judgment and sentence for any disqualifying
  562  offense and:
  563         (a) At least 5 years have elapsed since the applicant
  564  completed or has been lawfully released from confinement,
  565  supervision, or nonmonetary condition imposed by the court for a
  566  disqualifying offense; or
  567         (b) At least 5 years have elapsed since the applicant was
  568  dishonorably discharged from the United States Armed Forces.
  569         (2) For the department to grant an exemption, the applicant
  570  must clearly and convincingly demonstrate that he or she would
  571  not pose a risk to persons or property if permitted to be
  572  licensed or certified under this chapter, evidence of which must
  573  include, but need not be limited to, facts and circumstances
  574  surrounding the disqualifying offense, the time that has elapsed
  575  since the offense, the nature of the offense and harm caused to
  576  the victim, the applicant’s history before and after the
  577  offense, and any other evidence or circumstances indicating that
  578  the applicant will not present a danger if permitted to be
  579  licensed or certified.
  580         (3) The department has discretion whether to grant or deny
  581  an exemption. The department shall provide its decision in
  582  writing which, if the exemption is denied, must state with
  583  particularity the reasons for denial. The department’s decision
  584  is subject to proceedings under chapter 120, except that a
  585  formal proceeding under s. 120.57(1) is available only if there
  586  are disputed issues of material fact that the department relied
  587  upon in reaching its decision.
  588         (4) An applicant may request an exemption, notwithstanding
  589  the time limitations of paragraphs (1)(a) and (b), if by
  590  executive clemency his or her civil rights are restored, or he
  591  or she receives a pardon, from the disqualifying offense. The
  592  fact that the applicant receives executive clemency does not
  593  alleviate his or her obligation to comply with subsection (2) or
  594  in itself require the department to award the exemption.
  595         (5) The division may adopt rules to administer this
  596  section.
  597         Section 18. Section 633.135, Florida Statutes, is created
  598  to read:
  599         633.135 Firefighter Assistance Grant Program.—
  600         (1) The Firefighter Assistance Grant Program is created
  601  within the division to improve the emergency response capability
  602  of volunteer fire departments and combination fire departments.
  603  The program shall provide financial assistance to improve
  604  firefighter safety and enable such fire departments to provide
  605  firefighting, emergency medical, and rescue services to their
  606  communities. For purposes of this section, the term “combination
  607  fire department” means a fire department composed of a
  608  combination of career and volunteer firefighters.
  609         (2) The division shall administer the program and annually
  610  award grants to volunteer fire departments and combination fire
  611  departments using the annual Florida Fire Service Needs
  612  Assessment Survey. The purpose of the grants is to assist such
  613  fire departments in providing volunteer firefighter training and
  614  procuring necessary firefighter personal protective equipment,
  615  self-contained breathing apparatus equipment, and fire engine
  616  pumper apparatus equipment. However, the division shall
  617  prioritize the annual award of grants to such combination fire
  618  departments and volunteer fire departments demonstrating need as
  619  a result of participating in the annual Florida Fire Service
  620  Needs Assessment Survey.
  621         (3) The State Fire Marshal shall adopt rules and procedures
  622  for the program that require grant recipients to:
  623         (a) Report their activity to the division for submission in
  624  the Fire and Emergency Incident Information Reporting System
  625  created pursuant to s. 633.136;
  626         (b) Annually complete and submit the Florida Fire Service
  627  Needs Assessment Survey to the division;
  628         (c) Comply with the Florida Firefighters Occupational
  629  Safety and Health Act, ss. 633.502-633.536;
  630         (d) Comply with any other rule determined by the State Fire
  631  Marshal to effectively and efficiently implement, administer,
  632  and manage the program; and
  633         (e) Meet the definition of the term “fire service provider”
  634  in s. 633.102.
  635         (4) Funds shall be used to:
  636         (a) Provide firefighter training to individuals to obtain a
  637  Volunteer Firefighter Certificate of Completion pursuant to s.
  638  633.408. Training must be provided at no cost to the fire
  639  department or student by a division-approved instructor and must
  640  be documented in the division’s electronic database.
  641         (b) Purchase firefighter personal protective equipment,
  642  including structural firefighting protective ensembles and
  643  individual ensemble elements such as garments, helmets, gloves,
  644  and footwear, that complies with NFPA No. 1851, “Standard on
  645  Selection, Care, and Maintenance of Protective Ensembles for
  646  Structural Fire Fighting and Proximity Fire Fighting,” by the
  647  National Fire Protection Association.
  648         (c) Purchase self-contained breathing apparatus equipment
  649  that complies with NFPA No. 1852, “Standard on Selection, Care,
  650  and Maintenance of Open-Circuit Self-Contained Breathing
  651  Apparatus.”
  652         (d) Purchase fire engine pumper apparatus equipment. Funds
  653  provided under this paragraph may be used to purchase the
  654  equipment or subsidize a federal grant from the Federal
  655  Emergency Management Agency to purchase the equipment.
  656         Section 19. Subsection (8) of section 633.208, Florida
  657  Statutes, is amended to read:
  658         633.208 Minimum firesafety standards.—
  659         (8) The provisions of the Life Safety Code, as contained in
  660  the Florida Fire Prevention Code, do not apply to newly
  661  constructed one-family and two-family dwellings. However, fire
  662  sprinkler protection may be permitted by local government in
  663  lieu of other fire protection-related development requirements
  664  for such structures. While local governments may adopt fire
  665  sprinkler requirements for one- and two-family dwellings under
  666  this subsection, it is the intent of the Legislature that the
  667  economic consequences of the fire sprinkler mandate on home
  668  owners be studied before the enactment of such a requirement.
  669  After the effective date of this act, any local government that
  670  desires to adopt a fire sprinkler requirement on one- or two
  671  family dwellings must prepare an economic cost and benefit
  672  report that analyzes the application of fire sprinklers to one-
  673  or two-family dwellings or any proposed residential subdivision.
  674  The report must consider the tradeoffs and specific cost savings
  675  and benefits of fire sprinklers for future owners of property.
  676  The report must include an assessment of the cost savings from
  677  any reduced or eliminated impact fees if applicable, the
  678  reduction in special fire district tax, insurance fees, and
  679  other taxes or fees imposed, and the waiver of certain
  680  infrastructure requirements including the reduction of roadway
  681  widths, the reduction of water line sizes, increased fire
  682  hydrant spacing, increased dead-end roadway length, and a
  683  reduction in cul-de-sac sizes relative to the costs from fire
  684  sprinkling. A failure to prepare an economic report shall result
  685  in the invalidation of the fire sprinkler requirement to any
  686  one- or two-family dwelling or any proposed subdivision. In
  687  addition, a local jurisdiction or utility may not charge any
  688  additional fee, above what is charged to a non-fire sprinklered
  689  dwelling, on the basis that a one- or two-family dwelling unit
  690  is protected by a fire sprinkler system.
  691         Section 20. Subsection (2) of section 633.216, Florida
  692  Statutes, is amended to read:
  693         633.216 Inspection of buildings and equipment; orders;
  694  firesafety inspection training requirements; certification;
  695  disciplinary action.—The State Fire Marshal and her or his
  696  agents or persons authorized to enforce laws and rules of the
  697  State Fire Marshal shall, at any reasonable hour, when the State
  698  Fire Marshal has reasonable cause to believe that a violation of
  699  this chapter or s. 509.215, or a rule adopted thereunder, or a
  700  minimum firesafety code adopted by the State Fire Marshal or a
  701  local authority, may exist, inspect any and all buildings and
  702  structures which are subject to the requirements of this chapter
  703  or s. 509.215 and rules adopted thereunder. The authority to
  704  inspect shall extend to all equipment, vehicles, and chemicals
  705  which are located on or within the premises of any such building
  706  or structure.
  707         (2) Except as provided in s. 633.312(2), every firesafety
  708  inspection conducted pursuant to state or local firesafety
  709  requirements shall be by a person certified as having met the
  710  inspection training requirements set by the State Fire Marshal.
  711  Such person shall meet the requirements of s. 633.412(1)-(4) s.
  712  633.412(1)(a)-(d), and:
  713         (a) Have satisfactorily completed the firesafety inspector
  714  certification examination as prescribed by division rule; and
  715         (b)1. Have satisfactorily completed, as determined by
  716  division rule, a firesafety inspector training program of at
  717  least 200 hours established by the department and administered
  718  by education or training providers approved by the department
  719  for the purpose of providing basic certification training for
  720  firesafety inspectors; or
  721         2. Have received training in another state which is
  722  determined by the division to be at least equivalent to that
  723  required by the department for approved firesafety inspector
  724  education and training programs in this state.
  725         Section 21. Paragraph (b) of subsection (4) and subsection
  726  (8) of section 633.408, Florida Statutes, are amended, and
  727  subsection (9) is added to that section, to read:
  728         633.408 Firefighter and volunteer firefighter training and
  729  certification.—
  730         (4) The division shall issue a firefighter certificate of
  731  compliance to an individual who does all of the following:
  732         (b) Passes the Minimum Standards Course examination within
  733  12 months after completing the required courses.
  734         (8)(a) Pursuant to s. 590.02(1)(e), the division shall
  735  establish a structural fire training program of not less than
  736  206 hours. The division shall issue to a person satisfactorily
  737  complying with this training program and who has successfully
  738  passed an examination as prescribed by the division and who has
  739  met the requirements of s. 590.02(1)(e), a Forestry Certificate
  740  of Compliance.
  741         (b) An individual who holds a current and valid Forestry
  742  Certificate of Compliance is entitled to the same rights,
  743  privileges, and benefits provided for by law as a firefighter.
  744         (9) A Firefighter Certificate of Compliance or a Volunteer
  745  Firefighter Certificate of Completion issued under this section
  746  expires 4 years after the date of issuance unless renewed as
  747  provided in s. 633.414.
  748         Section 22. Section 633.412, Florida Statutes, is amended
  749  to read:
  750         633.412 Firefighters; qualifications for certification.—
  751         (1) A person applying for certification as a firefighter
  752  must:
  753         (1)(a) Be a high school graduate or the equivalent, as the
  754  term may be determined by the division, and at least 18 years of
  755  age.
  756         (2)(b) Not have been convicted of a misdemeanor relating to
  757  the certification or to perjury or false statements, or a felony
  758  or a crime punishable by imprisonment of 1 year or more under
  759  the law of the United States or of any state thereof or under
  760  the law of any other country, or dishonorably discharged from
  761  any of the Armed Forces of the United States. “Convicted” means
  762  a finding of guilt or the acceptance of a plea of guilty or nolo
  763  contendere, in any federal or state court or a court in any
  764  other country, without regard to whether a judgment of
  765  conviction has been entered by the court having jurisdiction of
  766  the case.
  767         (3)(c) Submit a set of fingerprints to the division with a
  768  current processing fee. The fingerprints will be forwarded to
  769  the Department of Law Enforcement for state processing and
  770  forwarded by the Department of Law Enforcement to the Federal
  771  Bureau of Investigation for national processing.
  772         (4)(d) Have a good moral character as determined by
  773  investigation under procedure established by the division.
  774         (5)(e) Be in good physical condition as determined by a
  775  medical examination given by a physician, surgeon, or physician
  776  assistant licensed to practice in the state pursuant to chapter
  777  458; an osteopathic physician, surgeon, or physician assistant
  778  licensed to practice in the state pursuant to chapter 459; or an
  779  advanced registered nurse practitioner licensed to practice in
  780  the state pursuant to chapter 464. Such examination may include,
  781  but need not be limited to, the National Fire Protection
  782  Association Standard 1582. A medical examination evidencing good
  783  physical condition shall be submitted to the division, on a form
  784  as provided by rule, before an individual is eligible for
  785  admission into a course under s. 633.408.
  786         (6)(f) Be a nonuser of tobacco or tobacco products for at
  787  least 1 year immediately preceding application, as evidenced by
  788  the sworn affidavit of the applicant.
  789         (2) If the division suspends or revokes an individual’s
  790  certificate, the division must suspend or revoke all other
  791  certificates issued to the individual by the division pursuant
  792  to this part.
  793         Section 23. Section 633.414, Florida Statutes, is amended
  794  to read:
  795         633.414 Retention of firefighter, volunteer firefighter,
  796  and fire investigator certifications certification.—
  797         (1) In order for a firefighter to retain her or his
  798  Firefighter Certificate of Compliance, every 4 years he or she
  799  must meet the requirements for renewal provided in this chapter
  800  and by rule, which must include at least one of the following:
  801         (a) Be active as a firefighter.;
  802         (b) Maintain a current and valid fire service instructor
  803  certificate, instruct at least 40 hours during the 4-year
  804  period, and provide proof of such instruction to the division,
  805  which proof must be registered in an electronic database
  806  designated by the division.;
  807         (c) Within 6 months before the 4-year period expires,
  808  successfully complete a Firefighter Retention Refresher Course
  809  consisting of a minimum of 40 hours of training to be prescribed
  810  by rule.; or
  811         (d) Within 6 months before the 4-year period expires,
  812  successfully retake and pass the Minimum Standards Course
  813  examination pursuant to s. 633.408.
  814         (2) In order for a volunteer firefighter to retain her or
  815  his Volunteer Firefighter Certificate of Completion, every 4
  816  years he or she must:
  817         (a) Be active as a volunteer firefighter; or
  818         (b) Successfully complete a refresher course consisting of
  819  a minimum of 40 hours of training to be prescribed by rule.
  820         (3) Subsection (1) does not apply to state-certified
  821  firefighters who are certified and employed full-time, as
  822  determined by the fire service provider, as firesafety
  823  inspectors or fire investigators, regardless of their her or his
  824  employment status as firefighters or volunteer firefighters a
  825  firefighter.
  826         (4) For the purposes of this section, the term “active”
  827  means being employed as a firefighter or providing service as a
  828  volunteer firefighter for a cumulative period of 6 months within
  829  a 4-year period.
  830         (5) The 4-year period begins upon issuance of the
  831  certificate or separation from employment:
  832         (a) If the individual is certified on or after July 1,
  833  2013, on the date the certificate is issued or upon termination
  834  of employment or service with a fire department.
  835         (b) If the individual is certified before July 1, 2013, on
  836  July 1, 2014, or upon termination of employment or service
  837  thereafter.
  838         (6) A certificate for a firefighter or volunteer
  839  firefighter expires if he or she fails to meet the requirements
  840  of this section.
  841         (7) The State Fire Marshal may deny, refuse to renew,
  842  suspend, or revoke the certificate of a firefighter or volunteer
  843  firefighter if the State Fire Marshal finds that any of the
  844  following grounds exists:
  845         (a) Any cause for which issuance of a certificate could
  846  have been denied if it had then existed and had been known to
  847  the division.
  848         (b) A violation of any provision of this chapter or any
  849  rule or order of the State Fire Marshal.
  850         (c) Falsification of a record relating to any certificate
  851  issued by the division.
  852         Section 24. Subsections (1) and (2) of section 633.426,
  853  Florida Statutes, are amended to read:
  854         633.426 Disciplinary action; standards for revocation of
  855  certification.—
  856         (1) For purposes of this section, the term:
  857         (a) “Certificate” means any of the certificates issued
  858  under s. 633.406.
  859         (b) “Certification” or “certified” means the act of holding
  860  a certificate that is current and valid and that meets the
  861  requirements for renewal of certification pursuant to this
  862  chapter and the rules adopted under this chapter certificate.
  863         (c) “Convicted” means a finding of guilt, or the acceptance
  864  of a plea of guilty or nolo contendere, in any federal or state
  865  court or a court in any other country, without regard to whether
  866  a judgment of conviction has been entered by the court having
  867  jurisdiction of the case.
  868         (2) Effective July 1, 2013, an individual who holds a
  869  certificate is subject to revocation for any of the following An
  870  individual is ineligible to apply for certification if the
  871  individual has, at any time, been:
  872         (a) Conviction Convicted of a misdemeanor relating to the
  873  certification or to perjury or false statements.
  874         (b) Conviction Convicted of a felony or a crime punishable
  875  by imprisonment of 1 year or more under the law of the United
  876  States or of any state thereof, or under the law of any other
  877  country.
  878         (c) Dishonorable discharge Dishonorably discharged from any
  879  of the Armed Forces of the United States.
  880         Section 25. Section 717.138, Florida Statutes, is amended
  881  to read:
  882         717.138 Rulemaking authority.—The department shall
  883  administer and provide for the enforcement of this chapter. The
  884  department has authority to adopt rules pursuant to ss.
  885  120.536(1) and 120.54 to implement the provisions of this
  886  chapter. The department may adopt rules to allow for electronic
  887  filing of fees, forms, and reports required by this chapter. The
  888  authority to adopt rules pursuant to this chapter applies to all
  889  unclaimed property reported and remitted to the Chief Financial
  890  Officer, including, but not limited to, property reported and
  891  remitted pursuant to ss. 43.19, 45.032, 732.107, 733.816, and
  892  744.534.
  893         Section 26. For the 2016-2017 fiscal year, the sum of
  894  $500,000 in recurring funds from the Insurance Regulatory Trust
  895  Fund is appropriated to the Department of Financial Services,
  896  and one full-time equivalent position with associated salary
  897  rate of 50,000 is authorized, for the purpose of implementing
  898  this act.
  899         Section 27. This act shall take effect July 1, 2016.