Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. CS for SB 986
       
       
       
       
       
       
                                Ì676762AÎ676762                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/29/2017           .                                
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       Appropriations Subcommittee on General Government (Stargel)
       recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 289 - 821
    4  and insert:
    5  554.104. The department shall by rule require an inspection
    6  agency authorized pursuant to this paragraph to maintain
    7  financial security adequate to indemnify the owner of the boiler
    8  if such agency’s negligence or failure to inspect an uninsured
    9  boiler results in a loss. Such inspection agency may inspect
   10  uninsured boilers or, at the direction of an insurance company,
   11  may inspect a boiler insured by that insurance company.
   12         (4) “Boiler insurance company” means a company authorized
   13  by a subsisting certificate of authority, issued by the Office
   14  of Insurance Regulation, to transact boiler and machinery
   15  insurance in this state.
   16         Section 4. Section 554.103, Florida Statutes, is amended to
   17  read:
   18         554.103 Boiler code.—The department shall adopt by rule a
   19  State Boiler Code for the safe construction, installation,
   20  inspection, maintenance, and repair of boilers in this state.
   21  The rules adopted shall be based upon and shall at all times
   22  follow generally accepted nationwide engineering standards,
   23  formulas, and practices pertaining to boiler construction and
   24  safety.
   25         (1) The department shall adopt an existing code for new
   26  construction and installation known as the Boiler and Pressure
   27  Vessel Code of the American Society of Mechanical Engineers,
   28  including all amendments and interpretations approved thereto by
   29  the Council on Codes and Standards of A.S.M.E. The department
   30  may adopt amendments and interpretations to the A.S.M.E. Boiler
   31  and Pressure Vessel Code approved by the A.S.M.E. Council on
   32  Codes and Standards subsequent to the adoption of the State
   33  Boiler Code, and when so adopted by the department, such
   34  amendments and interpretations shall become a part of the State
   35  Boiler Code.
   36         (2) The installer owner of any boiler placed in use in this
   37  state after January 1, 2018, must, before installing the boiler,
   38  apply on a form adopted by rule of the department for a permit
   39  to install the boiler from the chief boiler inspector. The
   40  application must include the boiler’s A.S.M.E. manufacturer’s
   41  data report and other documents required by the State Boiler
   42  Code before the boiler is placed in service. The installer must
   43  contact the chief boiler inspector to schedule an inspection for
   44  each boiler no later than 7 days before the boiler is placed in
   45  service after October 1, 1987, shall submit the A.S.M.E.
   46  manufacturer’s data report on such boiler to the chief inspector
   47  not more than 90 days following the inservice date of the
   48  boiler.
   49         (3) The maximum allowable working pressure of a boiler
   50  carrying the A.S.M.E. code symbol must shall be determined by
   51  the applicable sections of the code under which it was
   52  constructed and stamped. Subject to the concurrence of the chief
   53  boiler inspector, such boiler may be rerated in accordance with
   54  the standards of the State Boiler Code.
   55         (4) The maximum allowable working pressure of a boiler that
   56  which does not carry the A.S.M.E. code symbol must shall be
   57  computed in accordance with the standards of the State Boiler
   58  Code.
   59         (5) This chapter may not Nothing in ss. 554.1011-554.115
   60  shall be construed to in any way prevent the use, sale, or
   61  reinstallation of a boiler if such boiler has been made to
   62  conform to the applicable provisions of the State Boiler Code
   63  governing existing installations and if, upon inspection, the
   64  boiler has been found to be in a safe condition.
   65         (6)The department, at its discretion, may authorize the
   66  construction, installation, and operation of boilers of special
   67  design or construction which do not meet the specific
   68  requirements of the State Boiler Code, but which are consistent
   69  with the intent of the safety objectives of the code.
   70         (7)The department may adopt rules pursuant to ss.
   71  120.536(1) and 120.54 to administer this chapter. Such rules may
   72  include specifying the procedures and forms to be used to obtain
   73  an installation permit, an initial certificate, or a renewal
   74  certificate, and the submission of reports and notices required
   75  under this chapter.
   76         Section 5. Section 554.104, Florida Statutes, is amended to
   77  read:
   78         554.104 Certification of boiler inspectors required;
   79  application; qualifications; renewal Boilers of special design.
   80  The department, at its discretion, may authorize the
   81  construction, installation, and operation of boilers of special
   82  design or construction that do not meet the specific
   83  requirements of the State Boiler Code but are not inconsistent
   84  with the intent of the safety objectives of such code.
   85         (1) CERTIFICATE REQUIRED.—A person may not be, act as, or
   86  advertise or hold himself or herself out to be an inspector of a
   87  boiler that is subject to regulation by this chapter, unless he
   88  or she currently holds a certificate of competency issued by the
   89  department.
   90         (2) APPLICATION.A person who desires to be certified to
   91  inspect boilers that are subject to regulation by this chapter
   92  must apply in writing to the department to take the
   93  certification examination.
   94         (3) QUALIFICATIONS.A person is qualified to take the
   95  certification examination if the person:
   96         (a) Has submitted the application for examination together
   97  with the fee required under s. 554.111(1)(a);
   98         (b) Is at least 18 years of age;
   99         (c) Has completed the 2-hour training course under
  100  subsection (4) on the requirements of this chapter and any
  101  related rules adopted by the department. The course must be
  102  completed no later than 12 months before issuance of an initial
  103  or renewal certificate; and
  104         (d) Has:
  105         1. At least 3 years of experience in the construction,
  106  installation, inspection, operation, maintenance, or repair of
  107  high pressure, high temperature water boilers; or
  108         2. Met the requirements to qualify as a commissioned
  109  inspector by the National Board of Boiler and Pressure Vessel
  110  Inspectors as set forth in NB-263, RCI-1, Rules for Commissioned
  111  Inspectors, as adopted by rule of the department.
  112         (4) TRAINING COURSE.The department shall adopt by rule a
  113  2-hour training course on the requirements of this chapter and
  114  any related rules adopted by the department. The department
  115  shall make the training course available online and may make the
  116  course available in a classroom setting. A boiler insurance
  117  company may include the department’s course as part of its in
  118  house training of a boiler inspector student, in lieu of the
  119  student taking the online training course. A boiler insurance
  120  company that includes the department’s course in its in-house
  121  training of a boiler inspector student must indicate that the
  122  student completed the training on an application filed with the
  123  department for certification of competency.
  124         (5) EXAMINATION.A person applying for a certificate of
  125  competency must have successfully passed the examination
  126  administered by the National Board of Boiler and Pressure Vessel
  127  Inspectors and be eligible to obtain a National Board
  128  commission.
  129         (6) ISSUANCE OF CERTIFICATE.The chief boiler inspector
  130  must issue a certificate of competency to each person who is
  131  qualified under this section and who holds a commission from the
  132  National Board of Boiler and Pressure Vessel Inspectors.
  133         (7) RENEWAL OF CERTIFICATE.—A certificate of competency
  134  expires on December 31 of each year and may be renewed upon the
  135  filing of a renewal application with the department. A secured
  136  electronic application must be used, if available on the
  137  department’s website.
  138         (8) RULES.The department may adopt rules necessary to
  139  administer this section.
  140         Section 6. Section 554.105, Florida Statutes, is amended to
  141  read:
  142         554.105 Chief boiler inspector.—
  143         (1) The Chief Financial Officer shall appoint a chief
  144  boiler inspector, who must have at least shall have not less
  145  than 5 years’ experience in the construction, installation,
  146  inspection, operation, maintenance, or repair of high pressure,
  147  high temperature water boilers and who must shall hold a
  148  commission from the National Board of Boiler and Pressure Vessel
  149  Inspectors or a certificate of competency from the department.
  150         (2) The department, through the chief boiler inspector,
  151  shall administer the state boiler inspection program, and shall:
  152         (a) Take all action necessary to enforce the State Boiler
  153  Code and the rules adopted pursuant to this chapter ss.
  154  554.1011-554.115.
  155         (b) Keep a complete record on all boilers at public
  156  assembly locations. Such record must shall include the name of
  157  each boiler owner or user and the location, type, dimensions,
  158  maximum allowable working pressure, age, and last recorded
  159  inspection of each boiler, and any other information necessary
  160  to expedite the certification process.
  161         (c) Publish and make available to anyone, upon request,
  162  copies of the rules adopted pursuant to ss. 554.1011-554.115.
  163         (d) Expend funds necessary to meet the expenses authorized
  164  by this chapter ss. 554.1011-554.115, including the necessary
  165  travel expenses of the chief boiler inspector and deputy boiler
  166  inspectors, and the expenses incident to the maintenance of this
  167  his or her office.
  168         Section 7. Section 554.106, Florida Statutes, is amended to
  169  read:
  170         554.106 Deputy boiler inspectors.—
  171         (1) The department shall employ deputy boiler inspectors
  172  who shall be responsible to the chief boiler inspector and who
  173  shall each hold a certificate of competency from the department.
  174         (2) A deputy boiler inspector shall perform inspections of
  175  uninsured boilers that are subject to regulation under this
  176  chapter, in accordance with the inspection frequency set forth
  177  in s. 554.108. A deputy boiler inspector may also engage in
  178  public outreach activities of the department and conduct other
  179  duties as assigned by the chief boiler inspector.
  180         Section 8. Section 554.107, Florida Statutes, is amended to
  181  read:
  182         554.107 Special boiler inspectors.—
  183         (1) Upon application by any authorized inspection agency
  184  company licensed to insure boilers in this state, the chief
  185  boiler inspector shall issue a certificate of competency as a
  186  special boiler inspector to any inspector employed by the
  187  authorized inspection agency company, if provided that such
  188  boiler inspector satisfies the competency requirements for
  189  inspectors as provided in s. 554.104 s. 554.113. Special boiler
  190  inspectors shall perform inspections of insured boilers in
  191  accordance with the inspection frequency set forth in s.
  192  554.108.
  193         (2) The certificate of competency of a special boiler
  194  inspector remains shall remain in effect only so long as the
  195  special boiler inspector is employed by an authorized inspection
  196  agency a company licensed to insure boilers in this state. Upon
  197  termination of employment with such company, such company a
  198  special inspector shall, in writing, notify the chief boiler
  199  inspector of such special boiler inspector’s termination. Such
  200  notice must shall be given within 15 days following the date of
  201  termination.
  202         Section 9. Subsections (1), (2), (4), and (5) of section
  203  554.108, Florida Statutes, are amended, and subsection (6) is
  204  added to that section, to read:
  205         554.108 Inspection.—
  206         (1) The inspection requirements of this chapter apply only
  207  to boilers located in public assembly locations. A potable hot
  208  water supply boiler with a heat input of 200,000 British thermal
  209  units (Btu) per hour and above, up to a heat input not exceeding
  210  400,000 Btu per hour, is exempt from inspection, but must be
  211  stamped with the A.S.M.E. code symbol “HLW” and the boiler’s
  212  A.S.M.E data report must be filed as required under s.
  213  554.103(2) The only boilers required to be inspected under the
  214  provisions of ss. 554.1011-554.115 are boilers located in public
  215  assembly locations.
  216         (2) Each inspection of a boiler conducted pursuant to this
  217  chapter must ss. 554.1011-554.115 shall be made by the chief
  218  boiler inspector, a deputy boiler inspector, or a special boiler
  219  inspector. An owner, or the owner’s designee, shall perform all
  220  operation, testing, manipulation of boiler controls and safety
  221  devices, removal of lagging, and disassembly of boiler
  222  components to allow the chief boiler inspector, deputy boiler
  223  inspector, or special boiler inspector to conduct inspections as
  224  required by this section.
  225         (4) Each boiler subject to inspection must be inspected
  226  within 30 days after expiration of the boiler’s certificate of
  227  operation. However, an inspection report must be received by the
  228  chief boiler inspector no later than 30 days after the projected
  229  expiration date of the certificate of operation. If, upon
  230  inspection, the chief boiler inspector, deputy boiler inspector,
  231  or special boiler inspector finds that a boiler is in violation
  232  of any provision of the State Boiler Code, the inspector must
  233  promptly notify the owner or user and state what repairs or
  234  other corrective measures are needed. Deputy boiler inspectors
  235  and special boiler inspectors shall file a written report, on a
  236  form adopted by rule of the department, on each certificate
  237  inspection with the chief boiler inspector within 15 days after
  238  the following such inspection. A certificate inspection report
  239  must list all violations of the State Boiler Code and any
  240  conditions that may adversely affect the operation of the
  241  boiler. The filing of reports of inspections, other than
  242  statutorily required certificate inspections, is are not
  243  required unless such inspections disclose that a boiler is in an
  244  unsafe condition or unless the boiler has failed and requires
  245  major repair or replacement. The inspection report must list the
  246  extent of damage to the boiler, as well as the cause of the
  247  failure, if known, and any other pertinent information. However,
  248  an inspection report must be filed for any inspection performed
  249  on a boiler with a previously identified code violation. The
  250  report must indicate whether the violation has been corrected.
  251  The agency responsible for conducting the inspection must
  252  perform followup inspections, not more than every 6 months, of a
  253  previously identified code violation until it is corrected.
  254         (5) Upon a determination by the chief boiler inspector
  255  determining that a boiler cannot be safely operated, is in an
  256  unsafe condition and poses an imminent danger to the public
  257  health, safety, and welfare, the chief inspector, a deputy
  258  inspector, or a special inspector may immediately order the
  259  boiler must immediately to be shut down. The chief boiler
  260  inspector or a deputy boiler inspector shall attach a tag to the
  261  boiler indicating that the boiler has been shut down due to an
  262  unsafe condition. The boiler must shall remain shut down until a
  263  reinspection by the chief boiler inspector or a deputy boiler a
  264  certified inspector determines that all violations have been
  265  corrected, that the boiler may be operated safely, and that a
  266  certificate of compliance has been issued. A boiler that may not
  267  be safely operated, as determined by the chief boiler inspector,
  268  is deemed to constitute an imminent danger to the public health,
  269  safety, and welfare.
  270         (6) The department may adopt rules necessary to administer
  271  this section.
  272         Section 10. Section 554.1081, Florida Statutes, is created
  273  to read:
  274         554.1081 Boiler inspections by insurance companies and
  275  local governmental agencies.—
  276         (1) An insurance company insuring a boiler located in a
  277  public assembly location in this state shall inspect, or shall
  278  contract with an authorized inspection agency to inspect, the
  279  insured boiler. A boiler insurance company shall annually report
  280  to the department the name of any authorized inspection agency
  281  performing any required boiler inspections on its behalf and
  282  shall actively monitor insured boilers to ensure that
  283  inspections are conducted as required by this chapter.
  284         (2)A county, municipality, town, or other governmental
  285  subdivision that has adopted into law the Boiler and Pressure
  286  Vessel Code of the A.S.M.E. and the National Board Inspection
  287  Code for the construction, installation, inspection,
  288  maintenance, and repair of boilers to regulate boilers in public
  289  assembly locations may inspect such boilers. All boiler
  290  inspections must be conducted by special boiler inspectors in
  291  accordance with this chapter.
  292         Section 11. Section 554.109, Florida Statutes, is amended
  293  to read:
  294         554.109 Exemptions.—
  295         (1) Any insurance company insuring a boiler located in a
  296  public assembly location in this state shall inspect such boiler
  297  so insured, and any county, city, town, or other governmental
  298  subdivision which has adopted into law the Boiler and Pressure
  299  Vessel Code of the American Society of Mechanical Engineers and
  300  the National Board Inspection Code for the construction,
  301  installation, inspection, maintenance, and repair of boilers,
  302  regulating such boilers in public assembly locations, shall
  303  inspect such boilers so regulated; provided that such inspection
  304  shall be conducted by a special inspector licensed pursuant to
  305  ss. 554.1011-554.115. Upon filing of a report of satisfactory
  306  inspection with the department, such boiler is exempt from
  307  inspection by the department.
  308         (2) The provisions of This chapter does shall not apply to
  309  potable hot water supply boilers or lined storage water heaters
  310  that which are directly fired with oil, gas, electricity, or
  311  solar energy, provided that none of the following limitations is
  312  are exceeded:
  313         (1)(a) Heat input of 400,000 Btu per hour.
  314         (2)(b) Water temperature of 210 degrees Fahrenheit.
  315         (3)(c) Nominal water-containing capacity of 120 gallons.
  316  
  317  These exempt hot water supply boilers and lined storage water
  318  heaters shall be equipped with safety relief valves conforming
  319  to the requirements of the Boiler and Pressure Vessel Code of
  320  the American Society of Mechanical Engineers and of the National
  321  Board Inspection Code.
  322         Section 12. Section 554.1101, Florida Statutes, is amended
  323  to read:
  324         554.1101 Certificate of operation compliance.—
  325         (1) If an inspection report filed pursuant to s. 554.108
  326  shows a boiler to be in compliance with all applicable
  327  provisions of the State Boiler Code, the chief boiler inspector
  328  must shall, upon receipt of the inspection fee, issue a
  329  certificate of operation compliance to the owner. Such
  330  certificate must shall bear the date of the inspection and
  331  specify the maximum pressure at which the boiler may be
  332  operated.
  333         (2) The certificate for a power boiler or a high pressure,
  334  high temperature water boiler is valid for a period of 12 months
  335  from the date of the certificate inspection. The certificate for
  336  a heating boiler or a hot water supply boiler is valid for a
  337  period of 24 months from the date of the certificate inspection.
  338  The certificate must shall be posted under glass, or be
  339  similarly protected, in the room containing the boiler.
  340         (3) A boiler insurance company shall notify the chief
  341  boiler inspector within 30 days after the issuance of a new or
  342  renewal boiler and machinery insurance policy, or the
  343  cancellation or nonrenewal of a boiler and machinery insurance
  344  policy, covering places of public assembly in this state.
  345         (4) If the chief boiler inspector has knowledge that a
  346  boiler regulated under this chapter was covered by a boiler and
  347  machinery insurance policy after its most recent certification
  348  inspection, the certificateholder must, upon the request of the
  349  chief boiler inspector, submit its certificate of boiler and
  350  machinery insurance for the boiler if the department has not
  351  received the special boiler inspector’s annual inspection report
  352  within 30 days after its due date.
  353         Section 13. Section 554.111, Florida Statutes, is amended
  354  to read:
  355         554.111 Fees.—
  356         (1) The department shall charge the following fees:
  357         (a) For an applicant for a certificate of competency, the
  358  initial application fee shall be $50, and the annual renewal fee
  359  shall be $30. The fee for examination shall be $50.
  360         (b) For certificate inspections conducted by the
  361  department:
  362         1. For power boilers and high pressure, high temperature
  363  water boilers of:
  364  4,000 square feet or less heating surface....................$60
  365  More than 4,000 square feet heating surface and less than 10,000
  366  square feet of heating surface...............................$70
  367  10,000 square feet or more heating surface...................$90
  368         2. For heating boilers:
  369  Without a manhole............................................$40
  370  With a manhole...............................................$70
  371         3. For hot water supply boilers.......................$40
  372         (c) For issuance of a compliance certificate of operation
  373  without a department inspection..............................$30
  374         (d) Duplicate certificates or address
  375  changes.......................................................$5
  376         (e) An application for a boiler permit must include the
  377  applicable certificate inspection fee provided in paragraph (b).
  378         (2) Not more than an amount equal to one certificate
  379  inspection fee may shall be charged or collected for any and all
  380  boiler inspections in any inspection period, except as otherwise
  381  provided in this chapter ss. 554.1011-554.115.
  382         (a) When it is necessary to make a special trip to observe
  383  the application of a hydrostatic test, an additional fee equal
  384  to the fee for a certificate inspection of the boiler must shall
  385  be charged.
  386         (b) All other inspections, including shop inspections,
  387  surveys, and inspections of secondhand boilers made by the chief
  388  boiler inspector or a deputy boiler inspector, must shall be
  389  charged at the rate of not less than $270 for one-half day of 4
  390  hours, and $500 for 1 full day of 8 hours, plus travel, hotel,
  391  and incidental expenses in accordance with chapter 112.
  392         (3) The chief boiler inspector shall deposit all fees or
  393  fines received pursuant to this chapter ss. 554.1011-554.115
  394  into the Insurance Regulatory Trust Fund.
  395         Section 14. Sections 554.112 and 554.113, Florida Statutes,
  396  are repealed.
  397         Section 15. Section 554.114, Florida Statutes, is amended
  398  to read:
  399         554.114 Prohibitions; penalties.—
  400         (1) A person may not:
  401         (a) Operate a boiler at a public assembly location without
  402  a valid certificate of operation compliance for that boiler;
  403         (b) Give false or forged information to the department or
  404  an inspector for the purpose of obtaining a certificate of
  405  compliance;
  406         (c) Use a certificate of operation compliance for any
  407  boiler other than for the boiler for which it was issued;
  408         (c)(d) Operate a boiler for which the certificate of
  409  operation compliance has been suspended, revoked, or not
  410  renewed;
  411         (e) Give false or forged information to the department for
  412  the purpose of obtaining a certificate of competence; or
  413         (d)(f) Inspect any boiler regulated under this chapter the
  414  provisions of ss. 554.1011-554.115 without having a valid
  415  certificate of competency.
  416         (2) A boiler insurance company that fails to inspect or to
  417  have inspected, in accordance with this chapter, any boiler
  418  insured by the company and regulated under this chapter is
  419  subject to the penalties provided in subsection (4), unless the
  420  failure to inspect was the result of an owner’s or operator’s
  421  failure to provide reasonable access to the boiler Any person
  422  who violates this section is guilty of a misdemeanor of the
  423  second degree, punishable by fine as provided in s. 775.083.
  424         (3) An authorized inspection agency that is under contract
  425  with a boiler insurance company and that fails to inspect, in
  426  accordance with this chapter, any boiler insured by the company
  427  and regulated under this chapter is subject to the penalties
  428  provided in subsection (4), unless the failure to inspect was
  429  the result of an owner’s or operator’s failure to provide
  430  reasonable access to the boiler.
  431         (4)A boiler insurance company, authorized inspection
  432  agency, or other person in violation of this section for more
  433  than 30 days shall pay a fine of $10 per day for the first 10
  434  days of noncompliance, $50 per day for the subsequent 20 days of
  435  noncompliance, and $100 per day for each subsequent day over 20
  436  days of noncompliance.
  437         Section 16. Section 554.115, Florida Statutes, is amended
  438  to read:
  439         554.115 Disciplinary proceedings.—
  440         (1) The department may deny, refuse to renew, suspend, or
  441  revoke a certificate of operation compliance upon proof that:
  442         (a) The certificate has been obtained by fraud or
  443  misrepresentation;
  444         (b) The boiler for which the certificate was issued cannot
  445  be operated safely; or
  446         (c) The person who received the certificate willfully or
  447  deliberately violated the State Boiler Code, this chapter, or
  448  ss. 554.1011-554.115 or any other rule adopted pursuant to this
  449  chapter; or ss. 554.1011-554.115.
  450         (d) The owner of a boiler:
  451         1. Operated a boiler at a public assembly location without
  452  a valid certificate of operation for that boiler;
  453         2. Used a certificate of operation for a boiler other than
  454  the boiler for which the certificate of operation was issued;
  455         3. Gave false or forged information to the department, to
  456  an authorized inspection agency, or to another boiler inspector
  457  for the purpose of obtaining a certificate of operation;
  458         4. Operated a boiler after the certificate of operation for
  459  the boiler expired, was not renewed, or was suspended or
  460  revoked;
  461         5. Operated a boiler that is in an unsafe condition; or
  462         6. Operated a boiler in a manner that is contrary to the
  463  requirements of this chapter or any rule adopted under this
  464  chapter.
  465         (2) The department may deny, refuse to renew, suspend, or
  466  revoke a certificate of competency upon proof that:
  467         (a) The certificate was obtained by fraud or
  468  misrepresentation;
  469         (b) The inspector to whom the certificate was issued is no
  470  longer qualified under this chapter ss. 554.1011-554.115 to
  471  inspect boilers; or
  472         (c) The boiler inspector:
  473         1. Operated a boiler at a public assembly location without
  474  a valid certificate of compliance for that boiler;
  475         2. Gave false or forged information to the department, an
  476  authorized inspection agency, or to another boiler inspector for
  477  the purpose of obtaining a certificate of operation; or
  478  compliance;
  479         3. Used a certificate of compliance for any boiler other
  480  than the boiler for which it was issued;
  481         4. Operated a boiler for which the certificate of
  482  compliance has been suspended or revoked or has expired;
  483         2.5. Inspected any boiler regulated under this chapter ss.
  484  554.1011-554.115 without having obtained a valid certificate of
  485  competency.;
  486         6. Operated a boiler that is in an unsafe condition; or
  487         7. Operated a boiler in a manner that is contrary to the
  488  requirements of this chapter or any rule adopted under this
  489  chapter.
  490         (3) Each suspension of a certificate of operation
  491  compliance or certificate of competency shall continue in effect
  492  until all violations have been corrected and, for boiler safety
  493  violations, until the boiler has been inspected by an authorized
  494  inspector and shown to be in a safe working condition.
  495         (4) A person in violation of this section who does not have
  496  a valid certificate of competency shall be reported by the chief
  497  inspector to the appropriate state attorney.
  498         (5) A person in violation of this section who has a valid
  499  certificate of competency is subject to administrative action by
  500  the chief inspector.
  501         (4)(6) A revocation of a certificate of competency is
  502  permanent, and a revoked certificate of competency may not be
  503  reinstated or a new certificate of competency issued to the same
  504  person. A suspension of a certificate of competency continues in
  505  effect until all violations have been corrected. A suspension of
  506  a certificate of compliance for any boiler safety violation
  507  continues in effect until the boiler has been inspected by an
  508  authorized inspector and shown to be in safe working condition.
  509         Section 17. Section 554.1151, Florida Statutes, is created
  510  to read:
  511         554.1151 Administrative fine in lieu of or in addition to
  512  suspension, revocation, or refusal to renew a certificate of
  513  operation or competency.—
  514         (1) If the department finds that one or more grounds exist
  515  for the suspension, revocation, or refusal to renew any
  516  certificate of operation or certificate of competency issued
  517  under this chapter, the department may, in its discretion, in
  518  lieu of or in addition to suspension or revocation or in lieu of
  519  refusal to renew, impose upon the certificateholder an
  520  administrative penalty in an amount up to $500, or, if the
  521  department has found willful misconduct or willful violation on
  522  the part of the certificateholder, in an amount up to $3,500.
  523         (2) The department may allow the certificateholder a
  524  reasonable period, no more than 30 days, within which to pay to
  525  the department the amount of the penalty so imposed. If the
  526  certificateholder fails to pay the penalty in its entirety to
  527  the department within the period so allowed, the certificate of
  528  that person must be suspended until the penalty is paid. If the
  529  certificateholder fails to pay the penalty in its entirety to
  530  the department within 90 days after the period so allowed, the
  531  certificate of that person must be revoked.
  532  
  533  ================= T I T L E  A M E N D M E N T ================
  534  And the title is amended as follows:
  535         Delete lines 15 - 102
  536  and insert:
  537         F.S.; defining and redefining terms; requiring the
  538         Department of Financial Services to adopt rules;
  539         authorizing the inspection of certain boilers by
  540         authorized inspection agencies; amending s. 554.103,
  541         F.S.; requiring, rather than authorizing, the
  542         department to adopt amendments and interpretations of
  543         a specified code into the State Boiler Code; revising
  544         requirements that installers, rather than owners, must
  545         comply with before installing a boiler that is placed
  546         in use after a specified date; authorizing the
  547         department to adopt rules; conforming provisions to
  548         changes made by the act; amending s. 554.104, F.S.;
  549         deleting a provision relating to boilers of special
  550         design which is recreated in s. 554.103, F.S.;
  551         requiring certification of boiler inspectors;
  552         requiring an application for a certification
  553         examination; specifying qualifications and
  554         requirements for the certification examination;
  555         requiring the department to adopt a specified training
  556         course; providing authorized methods and requirements
  557         for the training course; requiring the chief boiler
  558         inspector to issue a certificate of competency to a
  559         person meeting certain requirements; providing
  560         procedures for renewing a certificate; authorizing the
  561         department to adopt rules; amending s. 554.105, F.S.;
  562         renaming the chief inspector as the chief boiler
  563         inspector; revising requirements for the department
  564         through the state boiler inspection program; amending
  565         s. 554.106, F.S.; renaming deputy inspectors as deputy
  566         boiler inspectors; specifying required and authorized
  567         duties of deputy boiler inspectors; amending s.
  568         554.107, F.S.; renaming special inspectors as special
  569         boiler inspectors; revising entities that may employ
  570         special boiler inspectors; specifying required
  571         inspection intervals for special boiler inspectors;
  572         amending s. 554.108, F.S.; providing an exemption,
  573         under certain conditions, from inspection
  574         requirements; specifying duties of an owner or an
  575         owner’s designee to allow an inspector to conduct
  576         inspections; specifying requirements for boiler
  577         inspections and inspection reports; revising
  578         conditions that require a boiler to be shut down;
  579         revising requirements and procedures for a boiler that
  580         must be shut down; providing construction; authorizing
  581         the department to adopt rules; creating s. 554.1081,
  582         F.S.; revising requirements for boiler inspections by
  583         insurance companies and local governmental agencies;
  584         amending s. 554.109, F.S.; conforming provisions to
  585         changes made by the act; revising boilers that are
  586         exempt from regulation under the chapter; revising
  587         requirements for certain exempt boilers and water
  588         heaters; amending s. 554.1101, F.S.; conforming
  589         provisions to changes made by the act; requiring a
  590         boiler insurance company to notify, within a specified
  591         timeframe, the chief boiler inspector under certain
  592         circumstances; requiring a certificateholder to submit
  593         a certain certificate of insurance to the chief boiler
  594         inspector under certain circumstances; amending s.
  595         554.111, F.S.; requiring an application for a boiler
  596         permit to include a specified fee; requiring the chief
  597         boiler inspector to deposit fines into a specified
  598         trust fund; conforming provisions to changes made by
  599         the act; repealing ss. 554.112 and 554.113, F.S.,
  600         relating to examinations, and certification of
  601         inspectors and renewals, respectively; amending s.
  602         554.114, F.S.; revising prohibited acts; providing
  603         penalties for a boiler insurance company or authorized
  604         inspection agency that fails to conduct certain
  605         inspections; providing an exception; conforming
  606         provisions to changes made by the act; amending s.
  607         554.115, F.S.; adding authorized disciplinary actions
  608         for the department; adding specified grounds for
  609         disciplinary action against an owner of a boiler;
  610         revising grounds for disciplinary action against a
  611         boiler inspector; deleting a provision requiring a
  612         chief inspector to report certain persons to the state
  613         attorney; deleting a provision authorizing certain
  614         administrative action by the chief inspector; deleting
  615         a provision relating to the duration of a suspended
  616         certificate of compliance; creating s. 554.1151, F.S.;
  617         authorizing the department to impose specified
  618         administrative fines in lieu of or in addition to
  619         certain disciplinary actions; authorizing procedures
  620         for payment of fines by a certificateholder; requiring
  621         a certificate to be revoked under certain
  622         circumstances; amending s. 624.307, F.S.; authorizing
  623         the