Florida Senate - 2016                                     SB 992
       
       
        
       By Senator Brandes
       
       
       
       
       
       22-00475B-16                                           2016992__
    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         definitions; raising the amount of a certain audit
   19         threshold; revising applicability to remove for-profit
   20         organizations; exempting a specified higher education
   21         entity from certain audit requirements; revising the
   22         requirements for state-funded contracts or agreements
   23         between a state awarding agency and a higher education
   24         entity; providing an exception; providing
   25         applicability; conforming provisions to changes made
   26         by the act; amending s. 322.142, F.S.; authorizing the
   27         Department of Highway Safety and Motor Vehicles to
   28         provide certain driver license images to the
   29         department for the purpose of investigating
   30         allegations of insurance code misconduct; amending s.
   31         374.983, F.S.; naming the Board of Commissioners of
   32         the Florida Inland Navigation District, rather than
   33         the Chief Financial Officer, as the entity that
   34         receives and approves certain surety bonds of
   35         commissioners; amending s. 509.211, F.S.; revising
   36         certain standards for carbon monoxide detector devices
   37         in specified spaces or rooms of public lodging
   38         establishments; deleting a provision authorizing the
   39         State Fire Marshal of the department to exempt a
   40         device from such standards; amending s. 624.307, F.S.;
   41         conforming provisions to changes made by the act;
   42         specifying requirements for the Chief Financial
   43         Officer in providing notice of electronic transmission
   44         of process documents; amending s. 624.423, F.S.;
   45         authorizing the department to create an Internet-based
   46         transmission system for accepting service of process;
   47         defining the term “insurer”; reenacting and amending
   48         s. 624.502, F.S.; specifying fees to be paid by a
   49         plaintiff to the department or Office of Insurance
   50         Regulation for certain service of process on
   51         authorized and unauthorized insurers; amending s.
   52         626.907, F.S.; requiring a service fee for certain
   53         service of process made by the Chief Financial
   54         Officer; specifying the determination of a defendant’s
   55         last known principal place of business; amending s.
   56         627.706, F.S.; specifying a circumstance under which
   57         an insurer is not required to provide coverage for
   58         sinkhole losses; requiring a related inspection of
   59         property only if the location of the risk meets
   60         certain underwriting guidelines; amending s. 627.7074,
   61         F.S.; providing an additional ground for disqualifying
   62         a neutral evaluator for disputed sinkhole insurance
   63         claims; amending s. 633.102, F.S.; redefining the term
   64         “fire service provider”; amending s. 633.208, F.S.;
   65         revising applicability of the Life Safety Code to
   66         exclude one-family and two-family dwellings, rather
   67         than only such dwellings that are newly constructed;
   68         amending s. 633.408, F.S.; requiring an individual to
   69         pass a certain examination by a specified time as part
   70         of certain firefighter certifications; specifying the
   71         duration of certain firefighter certifications;
   72         amending s. 633.412, F.S.; authorizing, rather than
   73         requiring, the Division of State Fire Marshal to
   74         suspend or revoke all issued certificates if an
   75         individual’s certificate is suspended or revoked;
   76         amending s. 633.414, F.S.; conforming provisions to
   77         changes made by the act; revising alternative
   78         requirements for renewing specified certifications;
   79         providing that a fire investigator certificate is
   80         valid for a specified period of time; specifying
   81         requirements for renewal; providing grounds for denial
   82         of, or disciplinary action against, certifications for
   83         a firefighter or volunteer firefighter; amending s.
   84         633.426, F.S.; revising a definition; providing a date
   85         after which an individual is ineligible for
   86         certification or renewal under specified
   87         circumstances; providing an effective date.
   88          
   89  Be It Enacted by the Legislature of the State of Florida:
   90  
   91         Section 1. Subsection (3) of section 48.151, Florida
   92  Statutes, is amended to read:
   93         48.151 Service on statutory agents for certain persons.—
   94         (3) The Chief Financial Officer or his or her assistant or
   95  deputy or another person in charge of the office is the agent
   96  for service of process on all insurers applying for authority to
   97  transact insurance in this state, all licensed nonresident
   98  insurance agents, all nonresident disability insurance agents
   99  licensed pursuant to s. 626.835, any unauthorized insurer under
  100  s. 626.906 or s. 626.937, domestic reciprocal insurers,
  101  fraternal benefit societies under chapter 632, warranty
  102  associations under chapter 634, prepaid limited health service
  103  organizations under chapter 636, and persons required to file
  104  statements under s. 628.461. As an alternative to service of
  105  process made by mail or personal service on the Chief Financial
  106  Officer, on his or her assistant or deputy, or on another person
  107  in charge of the office, the Department of Financial Services
  108  may create an Internet-based transmission system to accept
  109  service of process by electronic transmission of documents.
  110         Section 2. Subsection (1) of section 110.1315, Florida
  111  Statutes, is amended to read:
  112         110.1315 Alternative retirement benefits; other-personal
  113  services employees.—
  114         (1) Upon review and approval by the Executive Office of the
  115  Governor, The Department of Financial Services shall provide an
  116  alternative retirement income security program for eligible
  117  temporary and seasonal employees of the state who are
  118  compensated from appropriations for other personal services. The
  119  Department of Financial Services may contract with a private
  120  vendor or vendors to administer the program under a defined
  121  contribution plan under ss. 401(a) and 403(b) or s. 457 of the
  122  Internal Revenue Code, and the program must provide retirement
  123  benefits as required under s. 3121(b)(7)(F) of the Internal
  124  Revenue Code. The Department of Financial Services may develop a
  125  request for proposals and solicit qualified vendors to compete
  126  for the award of the contract. A vendor shall be selected on the
  127  basis of the plan that best serves the interest of the
  128  participating employees and the state. The proposal must comply
  129  with all necessary federal and state laws and rules.
  130         Section 3. Paragraph (a) of subsection (4) and subsection
  131  (12) of section 112.215, Florida Statutes, are amended to read:
  132         112.215 Government employees; deferred compensation
  133  program.—
  134         (4)(a) The Chief Financial Officer, with the approval of
  135  the State Board of Administration, shall establish such plan or
  136  plans of deferred compensation for state employees and may
  137  include persons employed by a state university, a special
  138  district, or a water management district, as those terms are
  139  defined in s. 189.012, including all such investment vehicles or
  140  products incident thereto, as may be available through, or
  141  offered by, qualified companies or persons, and may approve one
  142  or more such plans for implementation by and on behalf of the
  143  state and its agencies and employees.
  144         (12) The Chief Financial Officer may adopt any rule
  145  necessary to administer and implement this act with respect to
  146  deferred compensation plans for state employees and persons
  147  employed by a state university, a special district, or a water
  148  management district, as those terms are defined in s. 189.012.
  149         Section 4. Section 137.09, Florida Statutes, is amended to
  150  read:
  151         137.09 Justification and approval of bonds.—Each surety
  152  upon every bond of any county officer shall make affidavit that
  153  he or she is a resident of the county for which the officer is
  154  to be commissioned, and that he or she has sufficient visible
  155  property therein unencumbered and not exempt from sale under
  156  legal process to make good his or her bond. Every such bond
  157  shall be approved by the board of county commissioners and by
  158  the Department of Financial Services when the board is they and
  159  it are satisfied in its their judgment that the bond same is
  160  legal, sufficient, and proper to be approved.
  161         Section 5. Subsection (2), paragraph (e) of subsection (4),
  162  and subsection (8) of section 215.97, Florida Statutes, are
  163  amended, present subsections (9), (10), and (11) of that section
  164  are redesignated as subsections (10), (11), and (12),
  165  respectively, and a new subsection (9) is added to that section,
  166  to read:
  167         215.97 Florida Single Audit Act.—
  168         (2) Definitions; As used in this section, the term:
  169         (a) “Audit threshold” means the threshold amount used to
  170  determine when a state single audit or project-specific audit of
  171  a nonstate entity shall be conducted in accordance with this
  172  section. Each nonstate entity that expends a total amount of
  173  state financial assistance equal to or in excess of $750,000
  174  $500,000 in any fiscal year of such nonstate entity shall be
  175  required to have a state single audit, or a project-specific
  176  audit, for such fiscal year in accordance with the requirements
  177  of this section. Every 2 years the Auditor General, after
  178  consulting with the Executive Office of the Governor, the
  179  Department of Financial Services, and all state awarding
  180  agencies, shall review the threshold amount for requiring audits
  181  under this section and may adjust such threshold amount
  182  consistent with the purposes of this section.
  183         (b) “Auditing standards” means the auditing standards as
  184  stated in the rules of the Auditor General as applicable to for
  185  profit organizations, nonprofit organizations, or local
  186  governmental entities.
  187         (c) “Catalog of State Financial Assistance” means a
  188  comprehensive listing of state projects. The Catalog of State
  189  Financial Assistance shall be issued by the Department of
  190  Financial Services after conferring with the Executive Office of
  191  the Governor and all state awarding agencies. The Catalog of
  192  State Financial Assistance shall include for each listed state
  193  project: the responsible state awarding agency; standard state
  194  project number identifier; official title; legal authorization;
  195  and description of the state project, including objectives,
  196  restrictions, application and awarding procedures, and other
  197  relevant information determined necessary.
  198         (d) “Coordinating agency” means the state awarding agency
  199  that provides the predominant amount of state financial
  200  assistance expended by a recipient, as determined by the
  201  recipient’s Schedule of Expenditures of State Financial
  202  Assistance. To provide continuity, the determination of the
  203  predominant amount of state financial assistance shall be based
  204  upon state financial assistance expended in the recipient’s
  205  fiscal years ending in 2006, 2009, and 2012, and every third
  206  year thereafter.
  207         (e) “Financial reporting package” means the nonstate
  208  entities’ financial statements, Schedule of Expenditures of
  209  State Financial Assistance, auditor’s reports, management
  210  letter, auditee’s written responses or corrective action plan,
  211  correspondence on followup of prior years’ corrective actions
  212  taken, and such other information determined by the Auditor
  213  General to be necessary and consistent with the purposes of this
  214  section.
  215         (f) “Federal financial assistance” means financial
  216  assistance from federal sources passed through the state and
  217  provided to nonstate organizations to carry out a federal
  218  program. The term “Federal financial assistance” includes all
  219  types of federal assistance as defined in applicable United
  220  States Office of Management and Budget circulars.
  221         (g) “Higher education entity” means a Florida College
  222  System institution as defined in s. 1000.21 or a state
  223  university as defined in s. 1000.21 “For-profit organization”
  224  means any organization or sole proprietor that is not a
  225  governmental entity or a nonprofit organization.
  226         (h) “Independent auditor” means an independent certified
  227  public accountant licensed under chapter 473.
  228         (i) “Internal control over state projects” means a process,
  229  effected by a nonstate entity’s management and other personnel,
  230  designed to provide reasonable assurance regarding the
  231  achievement of objectives in the following categories:
  232         1. Effectiveness and efficiency of operations.
  233         2. Reliability of financial operations.
  234         3. Compliance with applicable laws and regulations.
  235         (j) “Local governmental entity” means a county as a whole,
  236  municipality, or special district or any other entity excluding
  237  a district school board or, charter school, Florida College
  238  System institution, or public university, however styled, which
  239  independently exercises any type of governmental function within
  240  the state.
  241         (k) “Major state project” means any state project meeting
  242  the criteria as stated in the rules of the Department of
  243  Financial Services. Such criteria shall be established after
  244  consultation with all state awarding agencies and shall consider
  245  the amount of state project expenditures and expenses or
  246  inherent risks. Each major state project shall be audited in
  247  accordance with the requirements of this section.
  248         (l) “Nonprofit organization” means any corporation, trust,
  249  association, cooperative, or other organization that:
  250         1. Is operated primarily for scientific, educational
  251  service, charitable, or similar purpose in the public interest.
  252         2. Is not organized primarily for profit.
  253         3. Uses net proceeds to maintain, improve, or expand the
  254  operations of the organization.
  255         4. Has no part of its income or profit distributable to its
  256  members, directors, or officers.
  257         (m) “Nonstate entity” means a local governmental entity,
  258  higher education entity, or nonprofit organization, or for
  259  profit organization that receives state financial assistance.
  260         (n) “Recipient” means a nonstate entity that receives state
  261  financial assistance directly from a state awarding agency.
  262         (o) “Schedule of Expenditures of State Financial
  263  Assistance” means a document prepared in accordance with the
  264  rules of the Department of Financial Services and included in
  265  each financial reporting package required by this section.
  266         (p) “State awarding agency” means a state agency, as
  267  defined in s. 216.011, that is primarily responsible for the
  268  operations and outcomes of a state project, regardless of the
  269  state agency that actually provides state financial assistance
  270  to a nonstate entity.
  271         (q) “State financial assistance” means state resources, not
  272  including federal financial assistance and state matching on
  273  federal programs, provided to a nonstate entity to carry out a
  274  state project. The term “State financial assistance” includes
  275  the types of state resources stated in the rules of the
  276  Department of Financial Services established in consultation
  277  with all state awarding agencies. State financial assistance may
  278  be provided directly by state awarding agencies or indirectly by
  279  nonstate entities. The term “State financial assistance” does
  280  not include procurement contracts used to buy goods or services
  281  from vendors and contracts to operate state-owned and
  282  contractor-operated facilities.
  283         (r) “State matching” means state resources provided to a
  284  nonstate entity to meet federal financial participation matching
  285  requirements.
  286         (s) “State program” means a set of special purpose
  287  activities undertaken to realize identifiable goals and
  288  objectives in order to achieve a state agency’s mission and
  289  legislative intent requiring accountability for state resources.
  290         (t) “State project” means a state program that provides
  291  state financial assistance to a nonstate organization and that
  292  must be assigned a state project number identifier in the
  293  Catalog of State Financial Assistance.
  294         (u) “State Projects Compliance Supplement” means a document
  295  issued by the Department of Financial Services, in consultation
  296  with all state awarding agencies. The State Projects Compliance
  297  Supplement shall identify state projects, the significant
  298  compliance requirements, eligibility requirements, matching
  299  requirements, suggested audit procedures, and other relevant
  300  information determined necessary.
  301         (v) “State project-specific audit” means an audit of one
  302  state project performed in accordance with the requirements of
  303  subsection (11) (10).
  304         (w) “State single audit” means an audit of a nonstate
  305  entity’s financial statements and state financial assistance.
  306  Such audits shall be conducted in accordance with the auditing
  307  standards as stated in the rules of the Auditor General.
  308         (x) “Subrecipient” means a nonstate entity that receives
  309  state financial assistance through another nonstate entity.
  310         (y) “Vendor” means a dealer, distributor, merchant, or
  311  other seller providing goods or services that are required for
  312  the conduct of a state project. These goods or services may be
  313  for an organization’s own use or for the use of beneficiaries of
  314  the state project.
  315         (4) The Department of Financial Services shall:
  316         (e) Make enhancements to the state’s accounting system to
  317  provide for the:
  318         1. Recording of state financial assistance and federal
  319  financial assistance appropriations and expenditures within the
  320  state awarding agencies’ operating funds.
  321         2. Recording of state project number identifiers, as
  322  provided in the Catalog of State Financial Assistance, for state
  323  financial assistance.
  324         3. Establishment and recording of an identification code
  325  for each financial transaction, including awarding state
  326  agencies’ disbursements of state financial assistance and
  327  federal financial assistance, as to the corresponding type or
  328  organization that is a party to the transaction, such as (e.g.,
  329  other governmental agencies and, nonprofit organizations, and
  330  for-profit organizations), and disbursements of federal
  331  financial assistance, as to whether the party to the transaction
  332  is or is not a nonstate entity.
  333         (8) Each recipient or subrecipient of state financial
  334  assistance shall comply with the following:
  335         (a) Each nonstate entity that meets the audit threshold
  336  requirements, in any fiscal year of the nonstate entity, stated
  337  in the rules of the Auditor General, shall have a state single
  338  audit conducted for such fiscal year in accordance with the
  339  requirements of this act and with additional requirements
  340  established in rules of the Department of Financial Services and
  341  rules of the Auditor General. If only one state project is
  342  involved in a nonstate entity’s fiscal year, the nonstate entity
  343  may elect to have only a state project-specific audit.
  344         (b) Each nonstate entity that does not meet the audit
  345  threshold requirements, in any fiscal year of the nonstate
  346  entity, stated in this law or the rules of the Auditor General
  347  is exempt for such fiscal year from the state single audit
  348  requirements of this section. However, such nonstate entity must
  349  meet terms and conditions specified in the written agreement
  350  with the state awarding agency or nonstate entity.
  351         (c) If a nonstate entity has extremely limited or no
  352  required activities related to the administration of a state
  353  project, and only acts as a conduit of state financial
  354  assistance, none of the requirements of this section apply to
  355  the conduit nonstate entity. However, the nonstate entity that
  356  is provided state financial assistance by the conduit nonstate
  357  entity is subject to the requirements of this section.
  358         (d) Regardless of the amount of the state financial
  359  assistance, this section does not exempt a nonstate entity from
  360  compliance with provisions of law relating to maintaining
  361  records concerning state financial assistance to such nonstate
  362  entity or allowing access and examination of those records by
  363  the state awarding agency, the nonstate entity, the Department
  364  of Financial Services, or the Auditor General.
  365         (e) Audits conducted pursuant to this section shall be
  366  performed annually.
  367         (f) Audits conducted pursuant to this section shall be
  368  conducted by independent auditors in accordance with auditing
  369  standards stated in rules of the Auditor General.
  370         (g) Upon completion of the audit required by this section,
  371  a copy of the recipient’s financial reporting package shall be
  372  filed with the state awarding agency and the Auditor General.
  373  Upon completion of the audit required by this section, a copy of
  374  the subrecipient’s financial reporting package shall be filed
  375  with the nonstate entity that provided the state financial
  376  assistance and the Auditor General. The financial reporting
  377  package shall be filed in accordance with the rules of the
  378  Auditor General.
  379         (h) All financial reporting packages prepared pursuant to
  380  this section shall be available for public inspection.
  381         (i) If an audit conducted pursuant to this section
  382  discloses any significant audit findings relating to state
  383  financial assistance, including material noncompliance with
  384  individual state project compliance requirements or reportable
  385  conditions in internal controls of the nonstate entity, the
  386  nonstate entity shall submit as part of the financial reporting
  387  package to the state awarding agency or nonstate entity a plan
  388  for corrective action to eliminate such audit findings or a
  389  statement describing the reasons that corrective action is not
  390  necessary.
  391         (j) An audit conducted in accordance with this section is
  392  in addition to any audit of federal awards required by the
  393  federal Single Audit Act and other federal laws and regulations.
  394  To the extent that such federally required audits provide the
  395  state awarding agency or nonstate entity with information it
  396  requires to carry out its responsibilities under state law or
  397  other guidance, the state awarding agency or nonstate entity
  398  shall rely upon and use that information.
  399         (k) Unless prohibited by law, the costs of audits pursuant
  400  to this section are allowable charges to state projects.
  401  However, any charges to state projects should be limited to
  402  those incremental costs incurred as a result of the audit
  403  requirements of this section in relation to other audit
  404  requirements. The nonstate entity should allocate such
  405  incremental costs to all state projects for which it expended
  406  state financial assistance.
  407         (l) Audit costs may not be charged to state projects when
  408  audits required by this section have not been made or have been
  409  made but not in accordance with this section. If a nonstate
  410  entity fails to have an audit conducted consistent with this
  411  section, a state awarding agency or nonstate entity may take
  412  appropriate corrective action to enforce compliance.
  413         (m) This section does not prohibit the state awarding
  414  agency or nonstate entity from including terms and conditions in
  415  the written agreement which require additional assurances that
  416  state financial assistance meets the applicable requirements of
  417  laws, regulations, and other compliance rules.
  418         (n) A state awarding agency or nonstate entity that
  419  conducts or arranges for audits of state financial assistance
  420  that are in addition to the audits conducted under this act,
  421  including audits of nonstate entities that do not meet the audit
  422  threshold requirements, shall, consistent with other applicable
  423  law, arrange for funding the full cost of such additional
  424  audits.
  425         (o) A higher education entity is exempt from the
  426  requirements in paragraph (2)(a) and this subsection A contract
  427  involving the State University System or the Florida College
  428  System funded by state financial assistance may be in the form
  429  of:
  430         1. A fixed-price contract that entitles the provider to
  431  receive full compensation for the fixed contract amount upon
  432  completion of all contract deliverables;
  433         2. A fixed-rate-per-unit contract that entitles the
  434  provider to receive compensation for each contract deliverable
  435  provided;
  436         3. A cost-reimbursable contract that entitles the provider
  437  to receive compensation for actual allowable costs incurred in
  438  performing contract deliverables; or
  439         4. A combination of the contract forms described in
  440  subparagraphs 1., 2., and 3.
  441         (9)This subsection applies to any contract or agreement
  442  between a state awarding agency and a higher education entity
  443  that is funded by state financial assistance.
  444         (a) The contract or agreement must comply with ss.
  445  215.971(1) and 216.3475 and must be in the form of one or a
  446  combination of the following:
  447         1. A fixed-price contract that entitles the provider to
  448  receive compensation for the fixed contract amount upon
  449  completion of all contract deliverables.
  450         2. A fixed-rate-per-unit contract that entitles the
  451  provider to receive compensation for each contract deliverable
  452  provided.
  453         3. A cost-reimbursable contract that entitles the provider
  454  to receive compensation for actual allowable costs incurred in
  455  performing contract deliverables.
  456         (b)If a higher education entity has extremely limited or
  457  no required activities related to the administration of a state
  458  project and acts only as a conduit of state financial
  459  assistance, none of the requirements of this section apply to
  460  the conduit higher education entity. However, the subrecipient
  461  that is provided state financial assistance by the conduit
  462  higher education entity is subject to this subsection.
  463         (c)Regardless of the amount of the state financial
  464  assistance, this subsection does not exempt a higher education
  465  entity from compliance with provisions of law that relate to
  466  maintaining records concerning state financial assistance to the
  467  higher education entity or that allow access and examination of
  468  those records by the state awarding agency, the higher education
  469  entity, the Department of Financial Services, or the Auditor
  470  General.
  471         (d)This subsection does not prohibit the state awarding
  472  agency from including terms and conditions in the contract or
  473  agreement which require additional assurances that the state
  474  financial assistance meets the applicable requirements of laws,
  475  regulations, and other compliance rules.
  476         Section 6. Subsection (4) of section 322.142, Florida
  477  Statutes, is amended to read:
  478         322.142 Color photographic or digital imaged licenses.—
  479         (4) The department may maintain a film negative or print
  480  file. The department shall maintain a record of the digital
  481  image and signature of the licensees, together with other data
  482  required by the department for identification and retrieval.
  483  Reproductions from the file or digital record are exempt from
  484  the provisions of s. 119.07(1) and may be made and issued only:
  485         (a) For departmental administrative purposes;
  486         (b) For the issuance of duplicate licenses;
  487         (c) In response to law enforcement agency requests;
  488         (d) To the Department of Business and Professional
  489  Regulation and the Department of Health pursuant to an
  490  interagency agreement for the purpose of accessing digital
  491  images for reproduction of licenses issued by the Department of
  492  Business and Professional Regulation or the Department of
  493  Health;
  494         (e) To the Department of State pursuant to an interagency
  495  agreement to facilitate determinations of eligibility of voter
  496  registration applicants and registered voters in accordance with
  497  ss. 98.045 and 98.075;
  498         (f) To the Department of Revenue pursuant to an interagency
  499  agreement for use in establishing paternity and establishing,
  500  modifying, or enforcing support obligations in Title IV-D cases;
  501         (g) To the Department of Children and Families pursuant to
  502  an interagency agreement to conduct protective investigations
  503  under part III of chapter 39 and chapter 415;
  504         (h) To the Department of Children and Families pursuant to
  505  an interagency agreement specifying the number of employees in
  506  each of that department’s regions to be granted access to the
  507  records for use as verification of identity to expedite the
  508  determination of eligibility for public assistance and for use
  509  in public assistance fraud investigations;
  510         (i) To the Agency for Health Care Administration pursuant
  511  to an interagency agreement for the purpose of authorized
  512  agencies verifying photographs in the Care Provider Background
  513  Screening Clearinghouse authorized under s. 435.12;
  514         (j) To the Department of Financial Services pursuant to an
  515  interagency agreement to facilitate the location of owners of
  516  unclaimed property, the validation of unclaimed property claims,
  517  and the identification of fraudulent or false claims, and the
  518  investigation of allegations of violation of the insurance code
  519  by a licensee or other person;
  520         (k) To district medical examiners pursuant to an
  521  interagency agreement for the purpose of identifying a deceased
  522  individual, determining cause of death, and notifying next of
  523  kin of any investigations, including autopsies and other
  524  laboratory examinations, authorized in s. 406.11; or
  525         (l) To the following persons for the purpose of identifying
  526  a person as part of the official work of a court:
  527         1. A justice or judge of this state;
  528         2. An employee of the state courts system who works in a
  529  position that is designated in writing for access by the Chief
  530  Justice of the Supreme Court or a chief judge of a district or
  531  circuit court, or by his or her designee; or
  532         3. A government employee who performs functions on behalf
  533  of the state courts system in a position that is designated in
  534  writing for access by the Chief Justice or a chief judge, or by
  535  his or her designee.
  536         Section 7. Subsection (2) of section 374.983, Florida
  537  Statutes, is amended to read:
  538         374.983 Governing body.—
  539         (2) The present board of commissioners of the district
  540  shall continue to hold office until their respective terms shall
  541  expire. Thereafter the members of the board shall continue to be
  542  appointed by the Governor for a term of 4 years and until their
  543  successors shall be duly appointed. Specifically, commencing on
  544  January 10, 1997, the Governor shall appoint the commissioners
  545  from Broward, Indian River, Martin, St. Johns, and Volusia
  546  Counties and on January 10, 1999, the Governor shall appoint the
  547  commissioners from Brevard, Miami-Dade, Duval, Flagler, Palm
  548  Beach, and St. Lucie Counties. The Governor shall appoint the
  549  commissioner from Nassau County for an initial term that
  550  coincides with the period remaining in the current terms of the
  551  commissioners from Broward, Indian River, Martin, St. Johns, and
  552  Volusia Counties. Thereafter, the commissioner from Nassau
  553  County shall be appointed to a 4-year term. Each new appointee
  554  must be confirmed by the Senate. Whenever a vacancy occurs among
  555  the commissioners, the person appointed to fill such vacancy
  556  shall hold office for the unexpired portion of the term of the
  557  commissioner whose place he or she is selected to fill. Each
  558  commissioner under this act before he or she assumes office
  559  shall be required to give a good and sufficient surety bond in
  560  the sum of $10,000 payable to the Governor and his or her
  561  successors in office, conditioned upon the faithful performance
  562  of the duties of his or her office, such bond to be approved by
  563  and filed with the board of commissioners of the district Chief
  564  Financial Officer. Any and all premiums upon such surety bonds
  565  shall be paid by the board of commissioners of such district as
  566  a necessary expense of the district.
  567         Section 8. Subsection (4) of section 509.211, Florida
  568  Statutes, is amended to read:
  569         509.211 Safety regulations.—
  570         (4) Every enclosed space or room that contains a boiler
  571  regulated under chapter 554 which is fired by the direct
  572  application of energy from the combustion of fuels and that is
  573  located in any portion of a public lodging establishment that
  574  also contains sleeping rooms shall be equipped with one or more
  575  carbon monoxide detector sensor devices that bear the
  576  certification mark from a testing and certification organization
  577  accredited in accordance with ISO/IEC Guide 65, General
  578  Requirements for Bodies Operating Product Certification Systems,
  579  label of a nationally recognized testing laboratory and that
  580  have been tested and listed as complying with the most recent
  581  Underwriters Laboratories, Inc., Standard 2075 2034, or its
  582  equivalent, unless it is determined that carbon monoxide hazards
  583  have otherwise been adequately mitigated as determined by the
  584  Division of State Fire Marshal of the Department of Financial
  585  Services. Such devices shall be integrated with the public
  586  lodging establishment’s fire detection system. Any such
  587  installation or determination shall be made in accordance with
  588  rules adopted by the Division of State Fire Marshal.
  589         Section 9. Subsection (9) of section 624.307, Florida
  590  Statutes, is amended to read:
  591         624.307 General powers; duties.—
  592         (9) Upon receiving service of legal process issued in any
  593  civil action or proceeding in this state against any regulated
  594  person or any unauthorized insurer under s. 626.906 or s.
  595  626.937 which is required to appoint the Chief Financial Officer
  596  as its attorney to receive service of all legal process, the
  597  Chief Financial Officer, as attorney, may, in lieu of sending
  598  the process by registered or certified mail, send the process or
  599  make it available by any other verifiable means, including, but
  600  not limited to, making the documents available by electronic
  601  transmission from a secure website established by the department
  602  to the person last designated by the regulated person or the
  603  unauthorized insurer to receive the process. When process
  604  documents are made available electronically, the Chief Financial
  605  Officer shall send a notice of receipt of service of process to
  606  the person last designated by the regulated person or
  607  unauthorized insurer to receive legal process. The notice shall
  608  state the date and manner in which the copy of the process was
  609  made available to the regulated person or unauthorized insurer
  610  being served and contain a hyperlink to obtain a copy of the
  611  process.
  612         Section 10. Section 624.423, Florida Statutes, is amended
  613  to read:
  614         624.423 Serving process.—
  615         (1) Service of process upon the Chief Financial Officer as
  616  process agent of the insurer (under s. 624.422) shall be made by
  617  serving a copy of the process upon the Chief Financial Officer
  618  or upon her or his assistant, deputy, or other person in charge
  619  of her or his office. As an alternative to service of process
  620  made by mail or personal service on the Chief Financial Officer,
  621  on her or his assistant or deputy, or on another person in
  622  charge of her or his office, the department may create an
  623  Internet-based transmission system to accept service of process
  624  by electronic transmission of documents. Upon receiving such
  625  service, the Chief Financial Officer shall retain a record copy
  626  and promptly forward one copy of the process by registered or
  627  certified mail or by other verifiable means, as provided under
  628  s. 624.307(9), to the person last designated by the insurer to
  629  receive the same, as provided under s. 624.422(2). For purposes
  630  of this section, records may be retained as paper or electronic
  631  copies.
  632         (2) If Where process is served upon the Chief Financial
  633  Officer as an insurer’s process agent, the insurer is shall not
  634  be required to answer or plead except within 20 days after the
  635  date upon which the Chief Financial Officer sends or makes
  636  available by other verifiable means mailed a copy of the process
  637  served upon her or him as required by subsection (1).
  638         (3) Process served upon the Chief Financial Officer and
  639  sent or made available in accordance with this section and s.
  640  624.307(9) copy thereof forwarded as in this section provided
  641  shall for all purposes constitute valid and binding service
  642  thereof upon the insurer.
  643         (4) As used in this section, the term “insurer” includes
  644  any unauthorized insurer under s. 626.906 or s. 626.937.
  645         Section 11. Notwithstanding the expiration date contained
  646  in section 41 of chapter 2015-222, Laws of Florida, section
  647  624.502, Florida Statutes, as amended by chapter 2013-41, Laws
  648  of Florida, is reenacted and amended to read:
  649         624.502 Service of process fee.—In all instances as
  650  provided in any section of the insurance code and s. 48.151(3)
  651  in which service of process is authorized to be made upon the
  652  Chief Financial Officer or the director of the office, the
  653  plaintiff shall pay to the department or office a fee of $15 for
  654  such service of process on an authorized insurer or $25 for such
  655  service of process on an unauthorized insurer, which fee shall
  656  be deposited into the Administrative Trust Fund.
  657         Section 12. Subsection (1) of section 626.907, Florida
  658  Statutes, is amended to read:
  659         626.907 Service of process; judgment by default.—
  660         (1) Service of process upon an insurer or person
  661  representing or aiding such insurer pursuant to s. 626.906 shall
  662  be made by delivering to and leaving with the Chief Financial
  663  Officer or some person in apparent charge of his or her office
  664  two copies thereof and the service fee as required in s.
  665  624.502. The Chief Financial Officer shall forthwith mail by
  666  registered mail one of the copies of such process to the
  667  defendant at the defendant’s last known principal place of
  668  business as provided by the party submitting the documents and
  669  shall keep a record of all process so served upon him or her.
  670  The service of process is sufficient, provided notice of such
  671  service and a copy of the process are sent within 10 days
  672  thereafter by registered mail by plaintiff or plaintiff’s
  673  attorney to the defendant at the defendant’s last known
  674  principal place of business, and the defendant’s receipt, or
  675  receipt issued by the post office with which the letter is
  676  registered, showing the name of the sender of the letter and the
  677  name and address of the person to whom the letter is addressed,
  678  and the affidavit of the plaintiff or plaintiff’s attorney
  679  showing a compliance herewith are filed with the clerk of the
  680  court in which the action is pending on or before the date the
  681  defendant is required to appear, or within such further time as
  682  the court may allow.
  683         Section 13. Paragraph (b) of subsection (1) of section
  684  627.706, Florida Statutes, is amended to read:
  685         627.706 Sinkhole insurance; catastrophic ground cover
  686  collapse; definitions.—
  687         (1)
  688         (b) The insurer shall make available, for an appropriate
  689  additional premium, coverage for sinkhole losses on any
  690  structure, including the contents of personal property contained
  691  therein, to the extent provided in the form to which the
  692  coverage attaches, unless the location of the risk does not meet
  693  the underwriting guidelines for sinkhole coverage filed by the
  694  insurer with the office. If the risk meets the underwriting
  695  guidelines for sinkhole coverage filed with the office, the
  696  insurer may require an inspection of the property before
  697  issuance of sinkhole loss coverage. Such inspection is not
  698  required if the location of the risk does not meet the insurer’s
  699  underwriting guidelines for sinkhole coverage. A policy for
  700  residential property insurance may include a deductible amount
  701  applicable to sinkhole losses equal to 1 percent, 2 percent, 5
  702  percent, or 10 percent of the policy dwelling limits, with
  703  appropriate premium discounts offered with each deductible
  704  amount.
  705         Section 14. Paragraph (a) of subsection (7) of section
  706  627.7074, Florida Statutes, is amended to read:
  707         627.7074 Alternative procedure for resolution of disputed
  708  sinkhole insurance claims.—
  709         (7) Upon receipt of a request for neutral evaluation, the
  710  department shall provide the parties a list of certified neutral
  711  evaluators. The department shall allow the parties to submit
  712  requests to disqualify evaluators on the list for cause.
  713         (a) The department shall disqualify neutral evaluators for
  714  cause based only on any of the following grounds:
  715         1. A familial relationship within the third degree exists
  716  between the neutral evaluator and either party or a
  717  representative of either party.
  718         2. The proposed neutral evaluator has, in a professional
  719  capacity, previously represented either party or a
  720  representative of either party in the same or a substantially
  721  related matter.
  722         3. The proposed neutral evaluator has, in a professional
  723  capacity, represented another person in the same or a
  724  substantially related matter and that person’s interests are
  725  materially adverse to the interests of the parties. The term
  726  “substantially related matter” means participation by the
  727  neutral evaluator on the same claim, property, or adjacent
  728  property.
  729         4. The proposed neutral evaluator has, within the preceding
  730  5 years, worked as an employer or employee of any party to the
  731  case.
  732         5. The proposed neutral evaluator has, within the preceding
  733  5 years, worked for the entity that performed the testing as
  734  prescribed in s. 627.7072.
  735         Section 15. Subsection (13) of section 633.102, Florida
  736  Statutes, is amended to read:
  737         633.102 Definitions.—As used in this chapter, the term:
  738         (13) “Fire service provider” means a municipality or
  739  county, the state, the division, or any political subdivision of
  740  the state, including authorities and special districts, which
  741  employs employing firefighters or uses utilizing volunteer
  742  firefighters to provide fire extinguishment or fire prevention
  743  services for the protection of life and property. The term
  744  includes any organization under contract or other agreement with
  745  such entity to provide such services.
  746         Section 16. Subsection (8) of section 633.208, Florida
  747  Statutes, is amended to read:
  748         633.208 Minimum firesafety standards.—
  749         (8) The provisions of the Life Safety Code, as contained in
  750  the Florida Fire Prevention Code, do not apply to newly
  751  constructed one-family and two-family dwellings. However, fire
  752  sprinkler protection may be permitted by local government in
  753  lieu of other fire protection-related development requirements
  754  for such structures. While local governments may adopt fire
  755  sprinkler requirements for one- and two-family dwellings under
  756  this subsection, it is the intent of the Legislature that the
  757  economic consequences of the fire sprinkler mandate on home
  758  owners be studied before the enactment of such a requirement.
  759  After the effective date of this act, any local government that
  760  desires to adopt a fire sprinkler requirement on one- or two
  761  family dwellings must prepare an economic cost and benefit
  762  report that analyzes the application of fire sprinklers to one-
  763  or two-family dwellings or any proposed residential subdivision.
  764  The report must consider the tradeoffs and specific cost savings
  765  and benefits of fire sprinklers for future owners of property.
  766  The report must include an assessment of the cost savings from
  767  any reduced or eliminated impact fees if applicable, the
  768  reduction in special fire district tax, insurance fees, and
  769  other taxes or fees imposed, and the waiver of certain
  770  infrastructure requirements including the reduction of roadway
  771  widths, the reduction of water line sizes, increased fire
  772  hydrant spacing, increased dead-end roadway length, and a
  773  reduction in cul-de-sac sizes relative to the costs from fire
  774  sprinkling. A failure to prepare an economic report shall result
  775  in the invalidation of the fire sprinkler requirement to any
  776  one- or two-family dwelling or any proposed subdivision. In
  777  addition, a local jurisdiction or utility may not charge any
  778  additional fee, above what is charged to a non-fire sprinklered
  779  dwelling, on the basis that a one- or two-family dwelling unit
  780  is protected by a fire sprinkler system.
  781         Section 17. Paragraph (b) of subsection (4) and subsection
  782  (8) of section 633.408, Florida Statutes, are amended, and
  783  subsection (9) is added to that section, to read:
  784         633.408 Firefighter and volunteer firefighter training and
  785  certification.—
  786         (4) The division shall issue a firefighter certificate of
  787  compliance to an individual who does all of the following:
  788         (b) Passes the Minimum Standards Course examination within
  789  6 months after completing the Minimum Standards Course.
  790         (8)(a) Pursuant to s. 590.02(1)(e), the division shall
  791  establish a structural fire training program of not less than
  792  206 hours. The division shall issue to a person satisfactorily
  793  complying with this training program and who has successfully
  794  passed an examination as prescribed by the division and who has
  795  met the requirements of s. 590.02(1)(e), a Forestry Certificate
  796  of Compliance.
  797         (b) An individual who holds a current and valid Forestry
  798  Certificate of Compliance is entitled to the same rights,
  799  privileges, and benefits provided for by law as a firefighter.
  800         (9) A Certificate of Compliance or a Certificate of
  801  Completion issued under this section expires 4 years after the
  802  date of issuance unless renewed as provided in s. 633.414.
  803         Section 18. Subsection (2) of section 633.412, Florida
  804  Statutes, is amended to read:
  805         633.412 Firefighters; qualifications for certification.—
  806         (2) If the division suspends or revokes an individual’s
  807  certificate, the division may, in accordance with standards
  808  provided by rule, must suspend or revoke all other certificates
  809  issued to the individual by the division pursuant to this part.
  810         Section 19. Section 633.414, Florida Statutes, is amended
  811  to read:
  812         633.414 Retention of firefighter, volunteer firefighter,
  813  and fire investigator certifications certification.—
  814         (1) In order for a firefighter to retain her or his
  815  Firefighter Certificate of Compliance, every 4 years he or she
  816  must meet the requirements for renewal provided in this chapter
  817  and by rule, which must include at least one of the following:
  818         (a) Be active as a firefighter.;
  819         (b) Maintain a current and valid fire service instructor
  820  certificate, instruct at least 40 hours during the 4-year
  821  period, and provide proof of such instruction to the division,
  822  which proof must be registered in an electronic database
  823  designated by the division.;
  824         (c) Within 6 months before the 4-year period expires,
  825  successfully complete a Firefighter Retention Refresher Course
  826  consisting of a minimum of 40 hours of training to be prescribed
  827  by rule.; or
  828         (d) Within 6 months before the 4-year period expires,
  829  successfully retake and pass the Minimum Standards Course
  830  examination pursuant to s. 633.408.
  831         (2) In order for a volunteer firefighter to retain her or
  832  his Volunteer Firefighter Certificate of Completion, every 4
  833  years he or she must:
  834         (a) Be active as a volunteer firefighter; or
  835         (b) Successfully complete a refresher course consisting of
  836  a minimum of 40 hours of training to be prescribed by rule.
  837         (3) A fire investigator certificate is valid for a period
  838  of 4 years after the date of issuance. Renewal of certification
  839  is subject to completion of an application for renewal and
  840  meeting all of the requirements for renewal imposed under this
  841  chapter and by rule, which must include completion of up to 40
  842  hours of continuing education during the preceding 4-year
  843  period.
  844         (4)(3) Subsection (1) does not apply to state-certified
  845  firefighters or volunteer firefighters who are certified and
  846  employed full-time, as determined by the fire service provider,
  847  as firesafety inspectors or fire investigators, regardless of
  848  their her or his employment status as firefighters or volunteer
  849  firefighters a firefighter.
  850         (5)(4) For the purposes of this section, the term “active”
  851  means being employed as a firefighter or providing service as a
  852  volunteer firefighter for a cumulative period of 6 months within
  853  a 4-year period.
  854         (6)(5) The 4-year period begins upon the issuance of the
  855  certificate or termination of employment:
  856         (a) If the individual is certified on or after July 1,
  857  2013, on the date the certificate is issued or upon termination
  858  of employment or service with a fire department.
  859         (b) If the individual is certified before July 1, 2013, on
  860  July 1, 2014, or upon termination of employment or service
  861  thereafter.
  862         (7) A certificate for a firefighter, volunteer firefighter,
  863  or fire investigator expires if he or she fails to meet the
  864  requirements of this section.
  865         (8) The State Fire Marshal may deny, refuse to renew,
  866  suspend, or revoke the certificate of a firefighter or volunteer
  867  firefighter if the State Fire Marshal finds that any of the
  868  following grounds exists:
  869         (a)Any cause for which issuance of a certificate could
  870  have been denied if it had then existed and had been known to
  871  the division.
  872         (b) A violation of any provision of this chapter or any
  873  rule or order of the State Fire Marshal.
  874         (c) Falsification of a record relating to any certificate
  875  issued by the division.
  876         Section 20. Subsections (1) and (2) of section 633.426,
  877  Florida Statutes, are amended to read:
  878         633.426 Disciplinary action; standards for revocation of
  879  certification.—
  880         (1) For purposes of this section, the term:
  881         (a) “Certificate” means any of the certificates issued
  882  under s. 633.406.
  883         (b) “Certification” or “certified” means the act of holding
  884  a certificate that is current and valid and that meets the
  885  requirements for renewal of certification pursuant to this
  886  chapter and the rules adopted under it certificate.
  887         (c) “Convicted” means a finding of guilt, or the acceptance
  888  of a plea of guilty or nolo contendere, in any federal or state
  889  court or a court in any other country, without regard to whether
  890  a judgment of conviction has been entered by the court having
  891  jurisdiction of the case.
  892         (2) An individual is ineligible to apply for certification
  893  or for renewal of certification after July 1, 2013, if the
  894  individual has, at any time, been:
  895         (a) Convicted of a misdemeanor relating to the
  896  certification or to perjury or false statements.
  897         (b) Convicted of a felony or a crime punishable by
  898  imprisonment of 1 year or more under the law of the United
  899  States or of any state thereof, or under the law of any other
  900  country.
  901         (c) Dishonorably discharged from any of the Armed Forces of
  902  the United States.
  903         Section 21. This act shall take effect July 1, 2016.