Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. SB 986
       
       
       
       
       
       
                                Ì722534!Î722534                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/14/2017           .                                
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       The Committee on Banking and Insurance (Stargel) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 243 - 1246
    4  and insert:
    5  or
    6         2. Locked out and tagged out in accordance with the
    7  Occupational Safety and Health Administration’s standard
    8  relating to the control of hazardous energy and lockout or
    9  tagout in 29 C.F.R. s. 1910.147, as adopted by rule of the
   10  department.
   11         (9)(2) “Public assembly locations” includes include
   12  schools, day care centers, community centers, churches,
   13  theaters, hospitals, nursing and convalescent homes, stadiums,
   14  amusement parks, and other locations open to the general public.
   15         (5)(3) “Certificate inspection” means an inspection whose
   16  the report of which is used by the chief boiler inspector to
   17  determine whether or not a certificate of operation may be
   18  issued.
   19         (7)(4) “Certificate of operation compliance” means a
   20  document issued to the owner of a boiler which authorizes the
   21  owner to operate the boiler, subject to any restrictions
   22  endorsed thereon.
   23         (6)(5) “Certificate of competency” means a document issued
   24  to a person who has satisfied the minimum competency
   25  requirements for boiler inspectors under this chapter ss.
   26  554.1011-554.115.
   27         (8)(6) “Department” means the Department of Financial
   28  Services.
   29         (1)(7) “A.S.M.E.” means the American Society of Mechanical
   30  Engineers.
   31         (2) “Authorized inspection agency” means:
   32         (a) Any county, municipality, town, or other governmental
   33  subdivision that has adopted into law the Boiler and Pressure
   34  Vessel Code of the A.S.M.E. and the National Board Inspection
   35  Code for the construction, installation, inspection,
   36  maintenance, and repair of boilers to regulate boilers in public
   37  assembly locations, and whose boiler inspectors hold valid
   38  certificates of competency in accordance with s. 554.104;
   39         (b) An insurer authorized by a subsisting certificate of
   40  authority, issued by the Office of Insurance Regulation, to
   41  transact boiler and machinery insurance in this state, and whose
   42  boiler inspectors hold valid certificates of competency in
   43  accordance with s. 554.104; or
   44         (c) An inspecting agency accredited in accordance with The
   45  National Board of Boiler and Pressure Vessel Inspector’s program
   46  entitled Accreditation of Authorized Inspection Agencies (AIA)
   47  Performing Inservice or Repair/Alteration Inspection
   48  Activities,” document number NB-369, and whose boiler inspectors
   49  hold valid certificates of competency in accordance with s.
   50  554.104.
   51         (4) “Boiler insurance company” means a company authorized
   52  by a subsisting certificate of authority, issued by the Office
   53  of Insurance Regulation, to transact boiler and machinery
   54  insurance in this state.
   55         Section 4. Section 554.103, Florida Statutes, is amended to
   56  read:
   57         554.103 Boiler code.—The department shall adopt by rule a
   58  State Boiler Code for the safe construction, installation,
   59  inspection, maintenance, and repair of boilers in this state.
   60  The rules adopted shall be based upon and shall at all times
   61  follow generally accepted nationwide engineering standards,
   62  formulas, and practices pertaining to boiler construction and
   63  safety.
   64         (1) The department shall adopt an existing code for new
   65  construction and installation known as the Boiler and Pressure
   66  Vessel Code of the American Society of Mechanical Engineers,
   67  including all amendments and interpretations approved thereto by
   68  the Council on Codes and Standards of A.S.M.E. The department
   69  may adopt amendments and interpretations to the A.S.M.E. Boiler
   70  and Pressure Vessel Code approved by the A.S.M.E. Council on
   71  Codes and Standards subsequent to the adoption of the State
   72  Boiler Code, and when so adopted by the department, such
   73  amendments and interpretations shall become a part of the State
   74  Boiler Code.
   75         (2) The installer owner of any boiler placed in use in this
   76  state after January 1, 2018, must, before installing the boiler,
   77  apply on a form adopted by rule of the department for a permit
   78  to install the boiler from the chief boiler inspector. The
   79  application must include the boiler’s A.S.M.E. manufacturer’s
   80  data report and other documents required by the State Boiler
   81  Code before the boiler is placed in service. The installer must
   82  contact the chief boiler inspector to schedule an inspection for
   83  each boiler no later than 7 days before the boiler is placed in
   84  service after October 1, 1987, shall submit the A.S.M.E.
   85  manufacturer’s data report on such boiler to the chief inspector
   86  not more than 90 days following the inservice date of the
   87  boiler.
   88         (3) The maximum allowable working pressure of a boiler
   89  carrying the A.S.M.E. code symbol must shall be determined by
   90  the applicable sections of the code under which it was
   91  constructed and stamped. Subject to the concurrence of the chief
   92  boiler inspector, such boiler may be rerated in accordance with
   93  the standards of the State Boiler Code.
   94         (4) The maximum allowable working pressure of a boiler that
   95  which does not carry the A.S.M.E. code symbol must shall be
   96  computed in accordance with the standards of the State Boiler
   97  Code.
   98         (5) This chapter may not Nothing in ss. 554.1011-554.115
   99  shall be construed to in any way prevent the use, sale, or
  100  reinstallation of a boiler if such boiler has been made to
  101  conform to the applicable provisions of the State Boiler Code
  102  governing existing installations and if, upon inspection, the
  103  boiler has been found to be in a safe condition.
  104         (6)The department, at its discretion, may authorize the
  105  construction, installation, and operation of boilers of special
  106  design or construction which do not meet the specific
  107  requirements of the State Boiler Code, but which are consistent
  108  with the intent of the safety objectives of the code.
  109         (7)The department may adopt rules pursuant to ss.
  110  120.536(1) and 120.54 to administer this chapter. Such rules may
  111  include specifying the procedures and forms to be used to obtain
  112  an installation permit, an initial certificate, or a renewal
  113  certificate, and the submission of reports and notices required
  114  under this chapter.
  115         Section 5. Section 554.104, Florida Statutes, is amended to
  116  read:
  117         554.104 Certification of boiler inspectors required;
  118  application; qualifications; renewal Boilers of special design.
  119  The department, at its discretion, may authorize the
  120  construction, installation, and operation of boilers of special
  121  design or construction that do not meet the specific
  122  requirements of the State Boiler Code but are not inconsistent
  123  with the intent of the safety objectives of such code.
  124         (1) CERTIFICATE REQUIRED.—A person may not be, act as, or
  125  advertise or hold himself or herself out to be an inspector of a
  126  boiler that is subject to regulation by this chapter, unless he
  127  or she currently holds a certificate of competency issued by the
  128  department.
  129         (2) APPLICATION.A person who desires to be certified to
  130  inspect boilers that are subject to regulation by this chapter
  131  must apply in writing to the department to take the
  132  certification examination.
  133         (3) QUALIFICATIONS.A person is qualified to take the
  134  certification examination if the person:
  135         (a) Has submitted the application for examination together
  136  with the fee required under s. 554.111(1)(a);
  137         (b) Is at least 18 years of age;
  138         (c) Has completed the 2-hour training course under
  139  subsection (4) on the requirements of this chapter and any
  140  related rules adopted by the department. The course must be
  141  completed no later than 12 months before issuance of an initial
  142  or renewal certificate; and
  143         (d) Has:
  144         1. At least 3 years of experience in the construction,
  145  installation, inspection, operation, maintenance, or repair of
  146  high pressure, high temperature water boilers; or
  147         2. Met the requirements to qualify as a commissioned
  148  inspector by the National Board of Boiler and Pressure Vessel
  149  Inspectors as set forth in NB-263, RCI-1, Rules for Commissioned
  150  Inspectors, as adopted by rule of the department.
  151         (4) TRAINING COURSE.The department shall adopt by rule a
  152  2-hour training course on the requirements of this chapter and
  153  any related rules adopted by the department. The department
  154  shall make the training course available online and may make the
  155  course available in a classroom setting. A boiler insurance
  156  company may include the department’s course as part of its in
  157  house training of a boiler inspector student, in lieu of the
  158  student taking the online training course. A boiler insurance
  159  company that includes the department’s course in its in-house
  160  training of a boiler inspector student must indicate that the
  161  student completed the training on an application filed with the
  162  department for certification of competency.
  163         (5) EXAMINATION.A person applying for a certificate of
  164  competency must have successfully passed the examination
  165  administered by the National Board of Boiler and Pressure Vessel
  166  Inspectors and be eligible to obtain a National Board
  167  commission.
  168         (6) ISSUANCE OF CERTIFICATE.The chief boiler inspector
  169  must issue a certificate of competency to each person who is
  170  qualified under this section and who holds a commission from the
  171  National Board of Boiler and Pressure Vessel Inspectors.
  172         (7) RENEWAL OF CERTIFICATE.—A certificate of competency
  173  expires on December 31 of each year and may be renewed upon the
  174  filing of a renewal application with the department. A secured
  175  electronic application must be used, if available on the
  176  department’s website.
  177         (8) RULES.The department may adopt rules necessary to
  178  administer this section.
  179         Section 6. Section 554.105, Florida Statutes, is amended to
  180  read:
  181         554.105 Chief boiler inspector.—
  182         (1) The Chief Financial Officer shall appoint a chief
  183  boiler inspector, who must have at least shall have not less
  184  than 5 years’ experience in the construction, installation,
  185  inspection, operation, maintenance, or repair of high pressure,
  186  high temperature water boilers and who must shall hold a
  187  commission from the National Board of Boiler and Pressure Vessel
  188  Inspectors or a certificate of competency from the department.
  189         (2) The department, through the chief boiler inspector,
  190  shall administer the state boiler inspection program, and shall:
  191         (a) Take all action necessary to enforce the State Boiler
  192  Code and the rules adopted pursuant to this chapter ss.
  193  554.1011-554.115.
  194         (b) Keep a complete record on all boilers at public
  195  assembly locations. Such record must shall include the name of
  196  each boiler owner or user and the location, type, dimensions,
  197  maximum allowable working pressure, age, and last recorded
  198  inspection of each boiler, and any other information necessary
  199  to expedite the certification process.
  200         (c) Publish and make available to anyone, upon request,
  201  copies of the rules adopted pursuant to ss. 554.1011-554.115.
  202         (d) Expend funds necessary to meet the expenses authorized
  203  by this chapter ss. 554.1011-554.115, including the necessary
  204  travel expenses of the chief boiler inspector and deputy boiler
  205  inspectors, and the expenses incident to the maintenance of this
  206  his or her office.
  207         Section 7. Section 554.106, Florida Statutes, is amended to
  208  read:
  209         554.106 Deputy boiler inspectors.—
  210         (1) The department shall employ deputy boiler inspectors
  211  who shall be responsible to the chief boiler inspector and who
  212  shall each hold a certificate of competency from the department.
  213         (2) A deputy boiler inspector shall perform inspections of
  214  uninsured boilers that are subject to regulation under this
  215  chapter, in accordance with the inspection frequency set forth
  216  in s. 554.108. A deputy boiler inspector may also engage in
  217  public outreach activities of the department and conduct other
  218  duties as assigned by the chief boiler inspector.
  219         Section 8. Section 554.107, Florida Statutes, is amended to
  220  read:
  221         554.107 Special boiler inspectors.—
  222         (1) Upon application by any authorized inspection agency
  223  company licensed to insure boilers in this state, the chief
  224  boiler inspector shall issue a certificate of competency as a
  225  special boiler inspector to any inspector employed by the
  226  authorized inspection agency company, if provided that such
  227  boiler inspector satisfies the competency requirements for
  228  inspectors as provided in s. 554.104 s. 554.113. Special boiler
  229  inspectors shall perform inspections of insured boilers in
  230  accordance with the inspection frequency set forth in s.
  231  554.108.
  232         (2) The certificate of competency of a special boiler
  233  inspector remains shall remain in effect only so long as the
  234  special boiler inspector is employed by an authorized inspection
  235  agency a company licensed to insure boilers in this state. Upon
  236  termination of employment with such company, such company a
  237  special inspector shall, in writing, notify the chief boiler
  238  inspector of such special boiler inspector’s termination. Such
  239  notice must shall be given within 15 days following the date of
  240  termination.
  241         Section 9. Subsections (1), (2), (4), and (5) of section
  242  554.108, Florida Statutes, are amended, and subsection (6) is
  243  added to that section, to read:
  244         554.108 Inspection.—
  245         (1) The inspection requirements of this chapter apply only
  246  to boilers located in public assembly locations. A potable hot
  247  water supply boiler with a heat input of 200,000 British thermal
  248  units (Btu) per hour and above, up to a heat input not exceeding
  249  400,000 Btu per hour, is exempt from inspection, but must be
  250  stamped with the A.S.M.E. code symbol “HLW” and the boiler’s
  251  A.S.M.E data report must be filed as required under s.
  252  554.103(2) The only boilers required to be inspected under the
  253  provisions of ss. 554.1011-554.115 are boilers located in public
  254  assembly locations.
  255         (2) Each inspection of a boiler conducted pursuant to this
  256  chapter must ss. 554.1011-554.115 shall be made by the chief
  257  boiler inspector, a deputy boiler inspector, or a special boiler
  258  inspector. An owner, or the owner’s designee, shall perform all
  259  operation, testing, manipulation of boiler controls and safety
  260  devices, removal of lagging, and disassembly of boiler
  261  components to allow the chief boiler inspector, deputy boiler
  262  inspector, or special boiler inspector to conduct inspections as
  263  required by this section.
  264         (4) Each boiler subject to inspection must be inspected
  265  within 30 days after expiration of the boiler’s certificate of
  266  operation. However, an inspection report must be received by the
  267  chief boiler inspector no later than 30 days after the projected
  268  expiration date of the certificate of operation. If, upon
  269  inspection, the chief boiler inspector, deputy boiler inspector,
  270  or special boiler inspector finds that a boiler is in violation
  271  of any provision of the State Boiler Code, the inspector must
  272  promptly notify the owner or user and state what repairs or
  273  other corrective measures are needed. Deputy boiler inspectors
  274  and special boiler inspectors shall file a written report, on a
  275  form adopted by rule of the department, on each certificate
  276  inspection with the chief boiler inspector within 15 days after
  277  the following such inspection. A certificate inspection report
  278  must list all violations of the State Boiler Code and any
  279  conditions that may adversely affect the operation of the
  280  boiler. A certificate inspection report filed by a special
  281  boiler inspector must include the fee for issuance of a
  282  certificate of operation as provided in s. 554.111(1)(c). The
  283  filing of reports of inspections, other than statutorily
  284  required certificate inspections, is are not required unless
  285  such inspections disclose that a boiler is in an unsafe
  286  condition. However, an inspection report must be filed for any
  287  inspection performed on a boiler with a previously identified
  288  code violation. The report must indicate whether the violation
  289  has been corrected. The agency responsible for conducting the
  290  inspection must perform followup inspections, not more than
  291  every 4 months, of a previously identified code violation until
  292  it is corrected. Failure to conduct such followup inspections
  293  subjects the insurance carrier to the penalties provided in s.
  294  554.114(4).
  295         (5) Upon a determination by the chief boiler inspector
  296  determining that a boiler cannot be safely operated, is in an
  297  unsafe condition and poses an imminent danger to the public
  298  health, safety, and welfare, the chief inspector, a deputy
  299  inspector, or a special inspector may immediately order the
  300  boiler must immediately to be shut down. The chief boiler
  301  inspector or a deputy boiler inspector shall attach a tag to the
  302  boiler indicating that the boiler has been shut down due to an
  303  unsafe condition. The boiler must shall remain shut down until a
  304  reinspection by the chief boiler inspector or a deputy boiler a
  305  certified inspector determines that all violations have been
  306  corrected, that the boiler may be operated safely, and that a
  307  certificate of compliance has been issued. A boiler that may not
  308  be safely operated, as determined by the chief boiler inspector,
  309  is deemed to constitute an imminent danger to the public health,
  310  safety, and welfare.
  311         (6) The department may adopt rules necessary to administer
  312  this section.
  313         Section 10. Section 554.1081, Florida Statutes, is created
  314  to read:
  315         554.1081 Boiler inspections by insurance companies and
  316  local governmental agencies.—
  317         (1) An insurance company insuring a boiler located in a
  318  public assembly location in this state shall inspect, or shall
  319  contract with an authorized inspection agency to inspect, the
  320  insured boiler. A boiler insurance company shall annually report
  321  to the department the name of any authorized inspection agency
  322  performing any required boiler inspections on its behalf and
  323  shall actively monitor insured boilers to ensure that
  324  inspections are conducted as required by this chapter.
  325         (2)A county, municipality, town, or other governmental
  326  subdivision that has adopted into law the Boiler and Pressure
  327  Vessel Code of the A.S.M.E. and the National Board Inspection
  328  Code for the construction, installation, inspection,
  329  maintenance, and repair of boilers to regulate boilers in public
  330  assembly locations may inspect such boilers. All boiler
  331  inspections must be conducted by special boiler inspectors in
  332  accordance with this chapter.
  333         Section 11. Section 554.109, Florida Statutes, is amended
  334  to read:
  335         554.109 Exemptions.—
  336         (1) Any insurance company insuring a boiler located in a
  337  public assembly location in this state shall inspect such boiler
  338  so insured, and any county, city, town, or other governmental
  339  subdivision which has adopted into law the Boiler and Pressure
  340  Vessel Code of the American Society of Mechanical Engineers and
  341  the National Board Inspection Code for the construction,
  342  installation, inspection, maintenance, and repair of boilers,
  343  regulating such boilers in public assembly locations, shall
  344  inspect such boilers so regulated; provided that such inspection
  345  shall be conducted by a special inspector licensed pursuant to
  346  ss. 554.1011-554.115. Upon filing of a report of satisfactory
  347  inspection with the department, such boiler is exempt from
  348  inspection by the department.
  349         (2) The provisions of This chapter does shall not apply to
  350  potable hot water supply boilers or lined storage water heaters
  351  that which are directly fired with oil, gas, electricity, or
  352  solar energy, provided that none of the following limitations is
  353  are exceeded:
  354         (1)(a) Heat input of 400,000 Btu per hour.
  355         (2)(b) Water temperature of 210 degrees Fahrenheit.
  356         (3)(c) Nominal water-containing capacity of 120 gallons.
  357  
  358  These exempt hot water supply boilers and lined storage water
  359  heaters shall be equipped with safety relief valves conforming
  360  to the requirements of the Boiler and Pressure Vessel Code of
  361  the American Society of Mechanical Engineers and of the National
  362  Board Inspection Code.
  363         Section 12. Section 554.1101, Florida Statutes, is amended
  364  to read:
  365         554.1101 Certificate of operation compliance.—
  366         (1) If an inspection report filed pursuant to s. 554.108
  367  shows a boiler to be in compliance with all applicable
  368  provisions of the State Boiler Code, the chief boiler inspector
  369  must shall, upon receipt of the inspection fee, issue a
  370  certificate of operation compliance to the owner. Such
  371  certificate must shall bear the date of the inspection and
  372  specify the maximum pressure at which the boiler may be
  373  operated.
  374         (2) The certificate for a power boiler or a high pressure,
  375  high temperature water boiler is valid for a period of 12 months
  376  from the date of the certificate inspection. The certificate for
  377  a heating boiler or a hot water supply boiler is valid for a
  378  period of 24 months from the date of the certificate inspection.
  379  The certificate must shall be posted under glass, or be
  380  similarly protected, in the room containing the boiler.
  381         (3) A boiler insurance company shall notify the chief
  382  boiler inspector within 30 days after the issuance of a new or
  383  renewal boiler and machinery insurance policy, or the
  384  cancellation or nonrenewal of a boiler and machinery insurance
  385  policy, covering places of public assembly in this state.
  386         (4) If the chief boiler inspector has knowledge that a
  387  boiler regulated under this chapter was covered by a boiler and
  388  machinery insurance policy after its most recent certification
  389  inspection, the certificateholder must, upon the request of the
  390  chief boiler inspector, submit its certificate of boiler and
  391  machinery insurance for the boiler if the department has not
  392  received the special boiler inspector’s annual inspection report
  393  within 30 days after its due date.
  394         Section 13. Section 554.111, Florida Statutes, is amended
  395  to read:
  396         554.111 Fees.—
  397         (1) The department shall charge the following fees:
  398         (a) For an applicant for a certificate of competency, the
  399  initial application fee shall be $50, and the annual renewal fee
  400  shall be $30. The fee for examination shall be $50.
  401         (b) For certificate inspections conducted by the
  402  department:
  403         1. For power boilers and high pressure, high temperature
  404  water boilers of:
  405  4,000 square feet or less heating surface....................$60
  406  More than 4,000 square feet heating surface and less than 10,000
  407  square feet of heating surface...............................$70
  408  10,000 square feet or more heating surface...................$90
  409         2. For heating boilers:
  410  Without a manhole............................................$40
  411  With a manhole...............................................$70
  412         3. For hot water supply boilers.......................$40
  413         (c) For issuance of a compliance certificate of operation
  414  without a department inspection..............................$30
  415         (d) Duplicate certificates or address
  416  changes.......................................................$5
  417         (e) An application for a boiler permit must include the
  418  applicable certificate inspection fee provided in paragraph (b).
  419         (2) Not more than an amount equal to one certificate
  420  inspection fee may shall be charged or collected for any and all
  421  boiler inspections in any inspection period, except as otherwise
  422  provided in this chapter ss. 554.1011-554.115.
  423         (a) When it is necessary to make a special trip to observe
  424  the application of a hydrostatic test, an additional fee equal
  425  to the fee for a certificate inspection of the boiler must shall
  426  be charged.
  427         (b) All other inspections, including shop inspections,
  428  surveys, and inspections of secondhand boilers made by the chief
  429  boiler inspector or a deputy boiler inspector, must shall be
  430  charged at the rate of not less than $270 for one-half day of 4
  431  hours, and $500 for 1 full day of 8 hours, plus travel, hotel,
  432  and incidental expenses in accordance with chapter 112.
  433         (3) The chief boiler inspector shall deposit all fees or
  434  fines received pursuant to this chapter ss. 554.1011-554.115
  435  into the Insurance Regulatory Trust Fund.
  436         Section 14. Sections 554.112 and 554.113, Florida Statutes,
  437  are repealed.
  438         Section 15. Section 554.114, Florida Statutes, is amended
  439  to read:
  440         554.114 Prohibitions; penalties.—
  441         (1) A person may not:
  442         (a) Operate a boiler at a public assembly location without
  443  a valid certificate of operation compliance for that boiler;
  444         (b) Give false or forged information to the department or
  445  an inspector for the purpose of obtaining a certificate of
  446  compliance;
  447         (c) Use a certificate of operation compliance for any
  448  boiler other than for the boiler for which it was issued;
  449         (c)(d) Operate a boiler for which the certificate of
  450  operation compliance has been suspended, revoked, or not
  451  renewed;
  452         (e) Give false or forged information to the department for
  453  the purpose of obtaining a certificate of competence; or
  454         (d)(f) Inspect any boiler regulated under this chapter the
  455  provisions of ss. 554.1011-554.115 without having a valid
  456  certificate of competency.
  457         (2) A boiler insurance company that fails to inspect or to
  458  have inspected, in accordance with this chapter, any boiler
  459  insured by the company and regulated under this chapter is
  460  subject to the penalties provided in subsection (4) Any person
  461  who violates this section is guilty of a misdemeanor of the
  462  second degree, punishable by fine as provided in s. 775.083.
  463         (3) An authorized inspection agency that is under contract
  464  with a boiler insurance company and that fails to inspect, in
  465  accordance with this chapter, any boiler insured by the company
  466  and regulated under this chapter is subject to the penalties
  467  provided in subsection (4).
  468         (4)A boiler insurance company, authorized inspection
  469  agency, or other person in violation of this section for more
  470  than 30 days shall pay a fine of $10 per day for the first 10
  471  days of noncompliance, $50 per day for the subsequent 20 days of
  472  noncompliance, and $100 per day for each subsequent day over 20
  473  days of noncompliance.
  474         Section 16. Section 554.115, Florida Statutes, is amended
  475  to read:
  476         554.115 Disciplinary proceedings.—
  477         (1) The department may deny, refuse to renew, suspend, or
  478  revoke a certificate of operation compliance upon proof that:
  479         (a) The certificate has been obtained by fraud or
  480  misrepresentation;
  481         (b) The boiler for which the certificate was issued cannot
  482  be operated safely; or
  483         (c) The person who received the certificate willfully or
  484  deliberately violated the State Boiler Code, this chapter, or
  485  ss. 554.1011-554.115 or any other rule adopted pursuant to this
  486  chapter; or ss. 554.1011-554.115.
  487         (d) The owner of a boiler:
  488         1. Operated a boiler at a public assembly location without
  489  a valid certificate of operation for that boiler;
  490         2. Used a certificate of operation for a boiler other than
  491  the boiler for which the certificate of operation was issued;
  492         3. Gave false or forged information to the department, to
  493  an authorized inspection agency, or to another boiler inspector
  494  for the purpose of obtaining a certificate of operation;
  495         4. Operated a boiler after the certificate of operation for
  496  the boiler expired, was not renewed, or was suspended or
  497  revoked;
  498         5. Operated a boiler that is in an unsafe condition; or
  499         6. Operated a boiler in a manner that is contrary to the
  500  requirements of this chapter or any rule adopted under this
  501  chapter.
  502         (2) The department may deny, refuse to renew, suspend, or
  503  revoke a certificate of competency upon proof that:
  504         (a) The certificate was obtained by fraud or
  505  misrepresentation;
  506         (b) The inspector to whom the certificate was issued is no
  507  longer qualified under this chapter ss. 554.1011-554.115 to
  508  inspect boilers; or
  509         (c) The boiler inspector:
  510         1. Operated a boiler at a public assembly location without
  511  a valid certificate of compliance for that boiler;
  512         2. Gave false or forged information to the department, an
  513  authorized inspection agency, or to another boiler inspector for
  514  the purpose of obtaining a certificate of operation; or
  515  compliance;
  516         3. Used a certificate of compliance for any boiler other
  517  than the boiler for which it was issued;
  518         4. Operated a boiler for which the certificate of
  519  compliance has been suspended or revoked or has expired;
  520         2.5. Inspected any boiler regulated under this chapter ss.
  521  554.1011-554.115 without having obtained a valid certificate of
  522  competency.;
  523         6. Operated a boiler that is in an unsafe condition; or
  524         7. Operated a boiler in a manner that is contrary to the
  525  requirements of this chapter or any rule adopted under this
  526  chapter.
  527         (3) Each suspension of a certificate of operation
  528  compliance or certificate of competency shall continue in effect
  529  until all violations have been corrected and, for boiler safety
  530  violations, until the boiler has been inspected by an authorized
  531  inspector and shown to be in a safe working condition.
  532         (4) A person in violation of this section who does not have
  533  a valid certificate of competency shall be reported by the chief
  534  inspector to the appropriate state attorney.
  535         (5) A person in violation of this section who has a valid
  536  certificate of competency is subject to administrative action by
  537  the chief inspector.
  538         (4)(6) A revocation of a certificate of competency is
  539  permanent, and a revoked certificate of competency may not be
  540  reinstated or a new certificate of competency issued to the same
  541  person. A suspension of a certificate of competency continues in
  542  effect until all violations have been corrected. A suspension of
  543  a certificate of compliance for any boiler safety violation
  544  continues in effect until the boiler has been inspected by an
  545  authorized inspector and shown to be in safe working condition.
  546         Section 17. Section 554.1151, Florida Statutes, is created
  547  to read:
  548         554.1151 Administrative fine in lieu of or in addition to
  549  suspension, revocation, or refusal to renew a certificate of
  550  operation or competency.—
  551         (1) If the department finds that one or more grounds exist
  552  for the suspension, revocation, or refusal to renew any
  553  certificate of operation or certificate of competency issued
  554  under this chapter, the department may, in its discretion, in
  555  lieu of or in addition to suspension or revocation or in lieu of
  556  refusal to renew, impose upon the certificateholder an
  557  administrative penalty in an amount up to $500, or, if the
  558  department has found willful misconduct or willful violation on
  559  the part of the certificateholder, in an amount up to $3,500.
  560         (2) The department may allow the certificateholder a
  561  reasonable period, no more than 30 days, within which to pay to
  562  the department the amount of the penalty so imposed. If the
  563  certificateholder fails to pay the penalty in its entirety to
  564  the department within the period so allowed, the certificate of
  565  that person must be suspended until the penalty is paid. If the
  566  certificateholder fails to pay the penalty in its entirety to
  567  the department within 90 days after the period so allowed, the
  568  certificate of that person must be revoked.
  569         Section 18. Section 554.116, Florida Statutes, is created
  570  to read:
  571         554.116 Report on insured losses.—A boiler insurance
  572  company that insures any boiler in this state must annually file
  573  a report with the chief boiler inspector, within 30 days after
  574  the end of the previous calendar year, regarding claims paid by
  575  the insurer under policies insuring boilers in this state. The
  576  report must include the type of establishment in which the
  577  boiler was located, the location of the establishment, the
  578  amount of the loss, the apparent cause of the loss, and any
  579  other information that the department determines is not
  580  inconsistent with the intent of the safety objectives of the
  581  State Boiler Code. The department shall adopt a form by rule for
  582  submission of the report.
  583         Section 19. Subsection (7) of section 624.307, Florida
  584  Statutes, is amended to read:
  585         624.307 General powers; duties.—
  586         (7) The department and office, within existing resources,
  587  may expend funds for the professional development of its
  588  employees, including, but not limited to, professional dues for
  589  employees who are required to be members of professional
  590  organizations; examinations leading to professional designations
  591  required for employment with the office; training courses and
  592  examinations provided through, and to ensure compliance with,
  593  the National Association of Insurance Commissioners; or other
  594  training courses related to the regulation of insurance.
  595         Section 20. Present subsections (1), (2), and (3) and (4)
  596  through (19) of section 626.015, Florida Statutes, are
  597  redesignated as subsections (2), (3), and (4) and (6) through
  598  (21), respectively, present subsection (8) is amended, and new
  599  subsections (1) and (5) are added to that section, to read:
  600         626.015 Definitions.—As used in this part:
  601         (1) “Active participant” means a member in good standing of
  602  an association who attends 4 or more hours of association
  603  meetings every year, not including any department-approved
  604  continuing education course.
  605         (5) “Association” includes the Florida Association of
  606  Insurance Agents (FAIA), the National Association of Insurance
  607  and Financial Advisors (NAIFA), the Florida Association of
  608  Health Underwriters (FAHU), the Latin American Association of
  609  Insurance Agencies (LAAIA), the Florida Association of Public
  610  Insurance Adjusters (FAPIA), the Florida Bail Agents Association
  611  (FBAA), or the Professional Bail Agents of the United States
  612  (PBUS).
  613         (10)(8) “Insurance agency” means a business location at
  614  which an individual, firm, partnership, corporation,
  615  association, or other entity, other than an employee of the
  616  individual, firm, partnership, corporation, association, or
  617  other entity and other than an insurer as defined by s. 624.03
  618  or an adjuster as defined by subsection (2) (1), engages in any
  619  activity or employs individuals to engage in any activity which
  620  by law may be performed only by a licensed insurance agent.
  621         Section 21. Section 626.207, Florida Statutes, is amended
  622  to read:
  623         626.207 Disqualification of applicants and licensees;
  624  penalties against licensees; rulemaking authority.—
  625         (1) For purposes of this section, the term or terms:
  626         (a) “Applicant” means an individual applying for licensure
  627  or relicensure under this chapter, and an officer, director,
  628  majority owner, partner, manager, or other person who manages or
  629  controls an entity applying for licensure or relicensure under
  630  this chapter.
  631         (c) “Financial services business” means any financial
  632  activity regulated by the Department of Financial Services, the
  633  Office of Insurance Regulation, or the Office of Financial
  634  Regulation.
  635         (b)(2)For purposes of this section, the terms “Felony of
  636  the first degree” and “capital felony” include all felonies
  637  designated as such by the Florida Statutes, as well as any
  638  felony so designated in the jurisdiction in which the plea is
  639  entered or judgment is rendered.
  640         (2)(3) An applicant who has been found guilty of or has
  641  pleaded guilty or nolo contendere to any of the following
  642  crimes, regardless of adjudication, is permanently barred from
  643  licensure under this chapter: commits
  644         (a) A felony of the first degree;
  645         (b) A capital felony;
  646         (c) A felony involving money laundering;, fraud, or
  647         (d) A felony embezzlement; or
  648         (e) A felony directly related to the financial services
  649  business is permanently barred from applying for a license under
  650  this part. This bar applies to convictions, guilty pleas, or
  651  nolo contendere pleas, regardless of adjudication, by any
  652  applicant, officer, director, majority owner, partner, manager,
  653  or other person who manages or controls any applicant.
  654         (3)(4)An applicant who has been found guilty of or has
  655  pleaded guilty or nolo contendere to a crime For all other
  656  crimes not included in subsection (2), regardless of
  657  adjudication, is subject to (3), the department shall adopt
  658  rules establishing the process and application of disqualifying
  659  periods that include:
  660         (a) A 15-year disqualifying period for all felonies
  661  involving moral turpitude which that are not specifically
  662  included in the permanent bar contained in subsection (2) (3).
  663         (b) A 7-year disqualifying period for all felonies to which
  664  neither the permanent bar in subsection (2) (3) nor the 15-year
  665  disqualifying period in paragraph (a) applies.
  666         (c) A 7-year disqualifying period for all misdemeanors
  667  directly related to the financial services business.
  668         (4)(5) The department shall adopt rules to administer this
  669  section. The rules must provide providing for additional
  670  disqualifying periods due to the commitment of multiple crimes
  671  and may include other factors reasonably related to the
  672  applicant’s criminal history. The rules shall provide for
  673  mitigating and aggravating factors. However, mitigation may not
  674  result in a period of disqualification of less than 7 years and
  675  may not mitigate the disqualifying periods in paragraphs (3)(b)
  676  and (c) (4)(b) and (c).
  677         (5)(6) For purposes of this section, the disqualifying
  678  periods begin upon the applicant’s final release from
  679  supervision or upon completion of the applicant’s criminal
  680  sentence, including payment of fines, restitution, and court
  681  costs for the crime for which the disqualifying period applies.
  682  The department may not issue a license to an applicant unless
  683  all related fines, court costs and fees, and court-ordered
  684  restitution have been paid.
  685         (6)(7) After the disqualifying period has expired been met,
  686  the burden is on the applicant to demonstrate that the applicant
  687  has been rehabilitated, does not pose a risk to the insurance
  688  buying public, is fit and trustworthy to engage in the business
  689  of insurance pursuant to s. 626.611(1)(g), and is otherwise
  690  qualified for licensure.
  691         (7)Notwithstanding subsections (2) and (3), upon a grant
  692  of a pardon or the restoration of civil rights pursuant to
  693  chapter 940 and s. 8, Art. IV of the State Constitution with
  694  respect to a finding of guilt or a plea under subsection (2) or
  695  subsection (3), such finding or plea no longer bars or
  696  disqualifies the applicant from licensure under this chapter
  697  unless the clemency specifically excludes licensure in the
  698  financial services business; however, a pardon or restoration of
  699  civil rights does not require the department to award such
  700  license.
  701         (8) The department shall adopt rules establishing specific
  702  penalties against licensees in accordance with ss. 626.641 and
  703  626.651 for violations of s. 626.611, s. 626.621, s. 626.8437,
  704  s. 626.844, s. 626.935, s. 634.181, s. 634.191, s. 634.320, s.
  705  634.321, s. 634.422, s. 634.423, s. 642.041, or s. 642.043. The
  706  purpose of the revocation or suspension is to provide a
  707  sufficient penalty to deter future violations of the Florida
  708  Insurance Code. The imposition of a revocation or the length of
  709  suspension shall be based on the type of conduct and the
  710  probability that the propensity to commit further illegal
  711  conduct has been overcome at the time of eligibility for
  712  relicensure. The length of suspension may be adjusted based on
  713  aggravating or mitigating factors, established by rule and
  714  consistent with this purpose.
  715         (9) Section 112.011 does not apply to any applicants for
  716  licensure under the Florida Insurance Code, including, but not
  717  limited to, agents, agencies, adjusters, adjusting firms,
  718  customer representatives, or managing general agents.
  719         Section 22. Section 626.9954, Florida Statutes, is amended
  720  to read:
  721         626.9954 Disqualification from registration.—
  722         (1) As used in this section, the terms “felony of the first
  723  degree” and “capital felony” include all felonies so designated
  724  by the laws of this state, as well as any felony so designated
  725  in the jurisdiction in which the plea is entered or judgment is
  726  rendered.
  727         (2) An applicant who has been found guilty of or has
  728  pleaded guilty or nolo contendere to the following crimes,
  729  regardless of adjudication, is permanently disqualified from
  730  registration under this part: commits
  731         (a) A felony of the first degree;
  732         (b) A capital felony;
  733         (c) A felony involving money laundering;, fraud, or
  734         (d) A felony embezzlement; or
  735         (e) A felony directly related to the financial services
  736  business is permanently barred from applying for registration
  737  under this part. This bar applies to convictions, guilty pleas,
  738  or nolo contendere pleas, regardless of adjudication, by an
  739  applicant.
  740         (3) An applicant who has been found guilty of or has
  741  pleaded guilty or nolo contendere to a crime For all other
  742  crimes not described in subsection (2), regardless of
  743  adjudication, is subject to the department may adopt rules
  744  establishing the process and application of disqualifying
  745  periods including:
  746         (a) A 15-year disqualifying period for all felonies
  747  involving moral turpitude which are not specifically included in
  748  subsection (2).
  749         (b) A 7-year disqualifying period for all felonies not
  750  specifically included in subsection (2) or paragraph (a).
  751         (c) A 7-year disqualifying period for all misdemeanors
  752  directly related to the financial services business.
  753         (4) The department may adopt rules to administer this
  754  section. The rules must provide for providing additional
  755  disqualifying periods due to the commitment of multiple crimes
  756  and may include other factors reasonably related to the
  757  applicant’s criminal history. The rules must provide for
  758  mitigating and aggravating factors. However, mitigation may not
  759  result in a disqualifying period of less than 7 years and may
  760  not mitigate the disqualifying periods in paragraph (3)(b) or
  761  paragraph (3)(c).
  762         (5) For purposes of this section, the disqualifying periods
  763  begin upon the applicant’s final release from supervision or
  764  upon completion of the applicant’s criminal sentence, including
  765  the payment of fines, restitution, and court costs for the crime
  766  for which the disqualifying period applies. The department may
  767  not issue a registration to an applicant unless all related
  768  fines, court costs and fees, and court-ordered restitution have
  769  been paid.
  770         (6) After the disqualifying period has expired been met,
  771  the burden is on the applicant to demonstrate to the
  772  satisfaction of the department that he or she has been
  773  rehabilitated and does not pose a risk to the insurance-buying
  774  public and is otherwise qualified for registration.
  775         (7)Notwithstanding subsections (2) and (3), upon a grant
  776  of a pardon or the restoration of civil rights pursuant to
  777  chapter 940 and s. 8, Art. IV of the State Constitution with
  778  respect to a finding of guilt or a plea under subsection (2) or
  779  subsection (3), such finding or plea no longer bars or
  780  disqualifies the applicant from applying for registration under
  781  this part unless the clemency specifically excludes licensure or
  782  specifically excludes registration in the financial services
  783  business; however, a pardon or restoration of civil rights does
  784  not require the department to award such registration.
  785         (8)(7) Section 112.011 does not apply to an applicant for
  786  registration as a navigator.
  787         Section 23. Paragraph (a) of subsection (3) of section
  788  626.2815, Florida Statutes, is amended, and paragraph (j) is
  789  added to that subsection, to read:
  790         626.2815 Continuing education requirements.—
  791         (3) Each licensee except a title insurance agent must
  792  complete a 5-hour update course every 2 years which is specific
  793  to the license held by the licensee. The course must be
  794  developed and offered by providers and approved by the
  795  department. The content of the course must address all lines of
  796  insurance for which examination and licensure are required and
  797  include the following subject areas: insurance law updates,
  798  ethics for insurance professionals, disciplinary trends and case
  799  studies, industry trends, premium discounts, determining
  800  suitability of products and services, and other similar
  801  insurance-related topics the department determines are relevant
  802  to legally and ethically carrying out the responsibilities of
  803  the license granted. A licensee who holds multiple insurance
  804  licenses must complete an update course that is specific to at
  805  least one of the licenses held. Except as otherwise specified,
  806  any remaining required hours of continuing education are
  807  elective and may consist of any continuing education course
  808  approved by the department under this section.
  809         (a) Except as provided in paragraphs (b), (c), (d), (e),
  810  and (i), and (j), each licensee must also complete 19 hours of
  811  elective continuing education courses every 2 years.
  812         (j) For a licensee who is an active participant in an
  813  association, 2 hours of elective continuing education credit per
  814  calendar year may be approved by the department, if properly
  815  reported by the association.
  816         Section 24. Paragraph (n) of subsection (1) and subsection
  817  (2) of section 626.611, Florida Statutes, are amended to read:
  818         626.611 Grounds for compulsory refusal, suspension, or
  819  revocation of agent’s, title agency’s, adjuster’s, customer
  820  representative’s, service representative’s, or managing general
  821  agent’s license or appointment.—
  822         (1) The department shall deny an application for, suspend,
  823  revoke, or refuse to renew or continue the license or
  824  appointment of any applicant, agent, title agency, adjuster,
  825  customer representative, service representative, or managing
  826  general agent, and it shall suspend or revoke the eligibility to
  827  hold a license or appointment of any such person, if it finds
  828  that as to the applicant, licensee, or appointee any one or more
  829  of the following applicable grounds exist:
  830         (n) Having been found guilty of or having pleaded guilty or
  831  nolo contendere to a felony or a crime punishable by
  832  imprisonment of 1 year or more under the law of the United
  833  States of America or of any state thereof or under the law of
  834  any other country which involves moral turpitude, without regard
  835  to whether a judgment of conviction has been entered by the
  836  court having jurisdiction of such cases.
  837         (2) The department shall, upon receipt of information or an
  838  indictment, immediately temporarily suspend a license or
  839  appointment issued under this chapter when the licensee is
  840  charged with a felony enumerated in s. 626.207(2) s. 626.207(3).
  841  Such suspension shall continue if the licensee is found guilty
  842  of, or pleads guilty or nolo contendere to, the crime,
  843  regardless of whether a judgment or conviction is entered,
  844  during a pending appeal. A person may not transact insurance
  845  business after suspension of his or her license or appointment.
  846         Section 25. Subsection (8) of section 626.621, Florida
  847  Statutes, is amended, and a new subsection (15) is added to that
  848  section, to read:
  849         626.621 Grounds for discretionary refusal, suspension, or
  850  revocation of agent’s, adjuster’s, customer representative’s,
  851  service representative’s, or managing general agent’s license or
  852  appointment.—The department may, in its discretion, deny an
  853  application for, suspend, revoke, or refuse to renew or continue
  854  the license or appointment of any applicant, agent, adjuster,
  855  customer representative, service representative, or managing
  856  general agent, and it may suspend or revoke the eligibility to
  857  hold a license or appointment of any such person, if it finds
  858  that as to the applicant, licensee, or appointee any one or more
  859  of the following applicable grounds exist under circumstances
  860  for which such denial, suspension, revocation, or refusal is not
  861  mandatory under s. 626.611:
  862         (8) Having been found guilty of or having pleaded guilty or
  863  nolo contendere to a felony or a crime punishable by
  864  imprisonment of 1 year or more under the law of the United
  865  States of America or of any state thereof or under the law of
  866  any other country, without regard to whether a judgment of
  867  conviction has been entered by the court having jurisdiction of
  868  such cases.
  869         (15) Denial, suspension, or revocation of, or any other
  870  adverse administrative action against, a license to practice or
  871  conduct any regulated profession, business, or vocation by this
  872  state, any other state, any nation, any possession or district
  873  of the United States, any court, or any lawful agency thereof.
  874         Section 26. Subsection (2) of section 626.7845, Florida
  875  Statutes, is amended to read:
  876         626.7845 Prohibition against unlicensed transaction of life
  877  insurance.—
  878         (2) Except as provided in s. 626.112(6), with respect to
  879  any line of authority specified in s. 626.015(12) s.
  880  626.015(10), an no individual may not shall, unless licensed as
  881  a life agent:
  882         (a) Solicit insurance or annuities or procure applications;
  883         (b) In this state, engage or hold himself or herself out as
  884  engaging in the business of analyzing or abstracting insurance
  885  policies or of counseling or advising or giving opinions to
  886  persons relative to insurance or insurance contracts, unless the
  887  individual is other than:
  888         1. As A consulting actuary advising insurers an insurer; or
  889         2. An employee As to the counseling and advising of a labor
  890  union, association, employer, or other business entity labor
  891  unions, associations, trustees, employers, or other business
  892  entities, or the subsidiaries and affiliates of each, who
  893  counsels and advises such entity or entities relative to their
  894  interests and those of their members or employees under
  895  insurance benefit plans; or
  896         3. A trustee advising a settlor, a beneficiary, or a person
  897  regarding his or her interests in a trust, relative to insurance
  898  benefit plans; or
  899         (c) In this state, from this state, or with a resident of
  900  this state, offer or attempt to negotiate on behalf of another
  901  person a viatical settlement contract as defined in s. 626.9911.
  902         Section 27. Section 626.8305, Florida Statutes, is amended
  903  to read:
  904         626.8305 Prohibition against the unlicensed transaction of
  905  health insurance.—Except as provided in s. 626.112(6), with
  906  respect to any line of authority specified in s. 626.015(8) s.
  907  626.015(6), an no individual may not shall, unless licensed as a
  908  health agent:
  909         (1) Solicit insurance or procure applications; or
  910         (2) In this state, engage or hold himself or herself out as
  911  engaging in the business of analyzing or abstracting insurance
  912  policies or of counseling or advising or giving opinions to
  913  persons relative to insurance contracts, unless the individual
  914  is other than:
  915         (a) As A consulting actuary advising insurers; or
  916         (b) An employee As to the counseling and advising of a
  917  labor union, association, employer, or other business entity
  918  labor unions, associations, trustees, employers, or other
  919  business entities, or the subsidiaries and affiliates of each,
  920  who counsels and advises such entity or entities relative to
  921  their interests and those of their members or employees under
  922  insurance benefit plans; or.
  923         (c) A trustee advising a settlor, a beneficiary, or a
  924  person regarding his or her interests in a trust, relative to
  925  insurance benefit plans.
  926         Section 28. Subsection (1) of section 626.861, Florida
  927  Statutes, is amended to read:
  928         626.861 Insurer’s officers, insurer’s employees, reciprocal
  929  insurer’s representatives; adjustments by.—
  930         (1) This part may not Nothing in this part shall be
  931  construed to prevent an executive officer of any insurer, or a
  932  regularly salaried employee of an insurer handling claims with
  933  respect to health insurance, a regular employee of an insurer
  934  handling claims with respect to residential property when the
  935  sublimit coverage does not exceed $500, or the duly designated
  936  attorney or agent authorized and acting for subscribers to
  937  reciprocal insurers, from adjusting any claim loss or damage
  938  under any insurance contract of such insurer.
  939         Section 29. Paragraph (c) of subsection (5) and subsection
  940  (6) of section 626.9543, Florida Statutes, are amended to read:
  941         626.9543 Holocaust victims.—
  942         (5) PROOF OF A CLAIM.—Any insurer doing business in this
  943  state, in receipt of a claim from a Holocaust victim or from a
  944  beneficiary, descendant, or heir of a Holocaust victim, shall:
  945         (c) Permit claims irrespective of any statute of
  946  limitations or notice requirements imposed by any insurance
  947  policy issued, provided the claim is submitted on or before July
  948  1, 2018.
  949         (6) STATUTE OF LIMITATIONS.—Notwithstanding any law or
  950  agreement among the parties to an insurance policy to the
  951  contrary, any action brought by Holocaust victims or by a
  952  beneficiary, heir, or a descendant of a Holocaust victim seeking
  953  proceeds of an insurance policy issued or in effect between 1920
  954  and 1945, inclusive, may shall not be dismissed for failure to
  955  comply with the applicable statute of limitations or laches
  956  provided the action is commenced on or before July 1, 2018.
  957         Section 30. Section 633.516, Florida Statutes, is amended
  958  to read:
  959         633.516 Studies of Division to make study of firefighter
  960  employee occupational diseases of firefighters or persons in
  961  other fire-related fields.—The division may contract for
  962  studies, subject to the availability of funding, of shall make a
  963  continuous study of firefighter employee occupational diseases
  964  of firefighters or persons in other fire-related fields and the
  965  ways and means for the their control and prevention of such
  966  occupational diseases. When such a study or another study that
  967  is wholly or partly funded under an agreement, including a
  968  contract or grant, with the department tracks a disease of an
  969  individual firefighter or a person in another fire-related
  970  field, the division may, with associated security measures,
  971  release the confidential information, including a social
  972  security number, of that individual to a party who has entered
  973  into an agreement with the department and shall adopt rules
  974  necessary for such control and prevention. For this purpose, the
  975  division is authorized to cooperate with firefighter employers,
  976  firefighter employees, and insurers and with the Department of
  977  Health.
  978         Section 31. Paragraph (a) of subsection (6) and subsection
  979  (7) of section 768.28, Florida Statutes, are amended to read:
  980         768.28 Waiver of sovereign immunity in tort actions;
  981  recovery limits; limitation on attorney fees; statute of
  982  limitations; exclusions; indemnification; risk management
  983  programs.—
  984         (6)(a) An action may not be instituted on a claim against
  985  the state or one of its agencies or subdivisions unless the
  986  claimant presents the claim in writing to the appropriate
  987  agency, and also, except as to any claim against a municipality,
  988  county, or the Florida Space Authority, presents such claim in
  989  writing to the Department of Financial Services, within 3 years
  990  after such claim accrues and the Department of Financial
  991  Services or the appropriate agency denies the claim in writing;
  992  except that, if:
  993         1. Such claim is for contribution pursuant to s. 768.31, it
  994  must be so presented within 6 months after the judgment against
  995  the tortfeasor seeking contribution has become final by lapse of
  996  time for appeal or after appellate review or, if there is no
  997  such judgment, within 6 months after the tortfeasor seeking
  998  contribution has either discharged the common liability by
  999  payment or agreed, while the action is pending against her or
 1000  him, to discharge the common liability; or
 1001         2. Such action is for wrongful death, the claimant must
 1002  present the claim in writing to the Department of Financial
 1003  Services within 2 years after the claim accrues.
 1004         (7) In actions brought pursuant to this section, process
 1005  shall be served upon the head of the agency concerned and also,
 1006  except as to a defendant municipality, county, or the Florida
 1007  Space Authority, upon the Department of
 1008  
 1009  ================= T I T L E  A M E N D M E N T ================
 1010  And the title is amended as follows:
 1011         Delete lines 21 - 156
 1012  and insert:
 1013         a boiler that is placed in use after a specified date;
 1014         authorizing the department to adopt rules; conforming
 1015         provisions to changes made by the act; amending s.
 1016         554.104, F.S.; deleting a provision relating to
 1017         boilers of special design which is recreated in s.
 1018         554.103, F.S.; requiring certification of boiler
 1019         inspectors; requiring an application for a
 1020         certification examination; specifying qualifications
 1021         and requirements for the certification examination;
 1022         requiring the department to adopt a specified training
 1023         course; providing authorized methods and requirements
 1024         for the training course; requiring the chief boiler
 1025         inspector to issue a certificate of competency to a
 1026         person meeting certain requirements; providing
 1027         procedures for renewing a certificate; authorizing the
 1028         department to adopt rules; amending s. 554.105, F.S.;
 1029         renaming the chief inspector as the chief boiler
 1030         inspector; revising requirements for the department
 1031         through the state boiler inspection program; amending
 1032         s. 554.106, F.S.; renaming deputy inspectors as deputy
 1033         boiler inspectors; specifying required and authorized
 1034         duties of deputy boiler inspectors; amending s.
 1035         554.107, F.S.; renaming special inspectors as special
 1036         boiler inspectors; revising entities that may employ
 1037         special boiler inspectors; specifying required
 1038         inspection intervals for special boiler inspectors;
 1039         amending s. 554.108, F.S.; providing an exemption,
 1040         under certain conditions, from inspection
 1041         requirements; specifying duties of an owner or an
 1042         owner’s designee to allow an inspector to conduct
 1043         inspections; specifying requirements for boiler
 1044         inspections and inspection reports; providing a
 1045         penalty against an insurance carrier if certain
 1046         followup inspections are not conducted; revising
 1047         conditions that require a boiler to be shut down;
 1048         revising requirements and procedures for a boiler that
 1049         must be shut down; providing construction; authorizing
 1050         the department to adopt rules; creating s. 554.1081,
 1051         F.S.; revising requirements for boiler inspections by
 1052         insurance companies and local governmental agencies;
 1053         amending s. 554.109, F.S.; conforming provisions to
 1054         changes made by the act; revising boilers that are
 1055         exempt from regulation under the chapter; revising
 1056         requirements for certain exempt boilers and water
 1057         heaters; amending s. 554.1101, F.S.; conforming
 1058         provisions to changes made by the act; requiring a
 1059         boiler insurance company to notify, within a specified
 1060         timeframe, the chief boiler inspector under certain
 1061         circumstances; requiring a certificateholder to submit
 1062         a certain certificate of insurance to the chief boiler
 1063         inspector under certain circumstances; amending s.
 1064         554.111, F.S.; requiring an application for a boiler
 1065         permit to include a specified fee; requiring the chief
 1066         boiler inspector to deposit fines into a specified
 1067         trust fund; conforming provisions to changes made by
 1068         the act; repealing ss. 554.112 and 554.113, F.S.,
 1069         relating to examinations, and certification of
 1070         inspectors and renewals, respectively; amending s.
 1071         554.114, F.S.; revising prohibited acts; providing
 1072         penalties for a boiler insurance company or authorized
 1073         inspection agency that fails to conduct certain
 1074         inspections; conforming provisions to changes made by
 1075         the act; amending s. 554.115, F.S.; adding authorized
 1076         disciplinary actions for the department; adding
 1077         specified grounds for disciplinary action against an
 1078         owner of a boiler; revising grounds for disciplinary
 1079         action against a boiler inspector; deleting a
 1080         provision requiring a chief inspector to report
 1081         certain persons to the state attorney; deleting a
 1082         provision authorizing certain administrative action by
 1083         the chief inspector; deleting a provision relating to
 1084         the duration of a suspended certificate of compliance;
 1085         creating s. 554.1151, F.S.; authorizing the department
 1086         to impose specified administrative fines in lieu of or
 1087         in addition to certain disciplinary actions;
 1088         authorizing procedures for payment of fines by a
 1089         certificateholder; requiring a certificate to be
 1090         revoked under certain circumstances; creating s.
 1091         554.116, F.S.; requiring a boiler insurance company to
 1092         annually file a specified report with the chief boiler
 1093         inspector; requiring the department to adopt a form by
 1094         rule; amending s. 624.307, F.S.; authorizing the
 1095         department to expend funds for professional
 1096         development of its employees; amending s. 626.015,
 1097         F.S.; defining terms; conforming a cross-reference;
 1098         amending s. 626.207, F.S.; defining the term
 1099         “applicant”; revising a list of felonies subject to a
 1100         permanent bar from licensure; revising a condition for
 1101         when certain disqualifying periods begin; conforming
 1102         cross-references; providing an exception from a
 1103         permanent bar on or disqualifying periods for cases of
 1104         executive clemency; providing construction; amending
 1105         s. 626.9954, F.S.; revising a list of felonies subject
 1106         to a permanent bar from licensure; revising conditions
 1107         for when certain disqualifying periods begin;
 1108         conforming cross-references; providing an exception
 1109         from a permanent bar on or disqualifying periods for
 1110         cases of executive clemency; providing construction;
 1111         amending s. 626.2815, F.S.; authorizing the department
 1112         to approve a certain number of elective continuing
 1113         education credits for certain insurance licensees;
 1114         providing an exception from a certain continuing
 1115         education requirement for such licensees; amending s.
 1116         626.611, F.S.; deleting a condition for the
 1117         involvement of moral turpitude in felonies or certain
 1118         crimes in relation to compulsory disciplinary actions
 1119         by the department against certain entities’ licenses
 1120         or appointments; conforming a cross-reference;
 1121         amending s. 626.621, F.S.; revising grounds for the
 1122         department’s discretionary refusal, suspension, or
 1123         revocation of the license or appointment of certain
 1124         persons; amending s. 626.7845, F.S.; revising an
 1125         exception to the prohibition against the unlicensed
 1126         transaction of life insurance; conforming a cross
 1127         reference; amending s. 626.8305, F.S.; revising an
 1128         exception to the prohibition against the unlicensed
 1129         transaction of health insurance; conforming a cross
 1130         reference; amending s. 626.861, F.S.; authorizing
 1131         certain insurer employees to adjust specified claim
 1132         losses or damage; amending s. 626.9543, F.S.; removing
 1133         the scheduled expiration of a requirement for insurers
 1134         to permit claims from a Holocaust victim or certain
 1135         related persons irrespective of certain conditions;
 1136         removing the scheduled expiration of an exception from
 1137         statutes of limitations or laches for certain actions
 1138         brought by Holocaust victims or certain related
 1139         persons; amending s. 633.516, F.S.; authorizing the
 1140         Division of State Fire Marshal within the division to
 1141         contract for studies of, rather than to make a
 1142         continuous study of, occupational diseases of
 1143         firefighters; adding persons in other fire-related
 1144         fields to such studies; authorizing the division to
 1145         release confidential information of an individual
 1146         firefighter or a person in another fire-related field
 1147         to certain parties under certain circumstances;
 1148         amending s. 768.28, F.S.; providing exceptions in tort
 1149         claims against a county from