Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. PCS (863198) for CS for SB 1404
       
       
       
       
       
       
                                Ì233344ÉÎ233344                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  02/26/2020           .                                
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       The Committee on Appropriations (Perry) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 429 - 1231
    4  and insert:
    5         Section 1. Subsection (13) of section 552.081, Florida
    6  Statutes, is amended to read:
    7         552.081 Definitions.—As used in this chapter:
    8         (13) “Two-component explosives” means any two inert
    9  components which, when mixed, become capable of detonation by
   10  any detonator a No. 6 blasting cap, and shall be classified as a
   11  Class “A” explosive when so mixed.
   12         Section 2. Present subsection (2) of section 553.7921,
   13  Florida Statutes, is redesignated as subsection (3), a new
   14  subsection (2) is added to that section, and subsection (1) of
   15  that section is amended, to read:
   16         553.7921 Fire alarm permit application to local enforcement
   17  agency.—
   18         (1) A contractor must file a Uniform Fire Alarm Permit
   19  Application as provided in subsection (3) (2) with the local
   20  enforcement agency and must receive the fire alarm permit
   21  before:
   22         (a) installing or replacing a fire alarm, if the local
   23  enforcement agency requires a plan review for the installation
   24  or replacement; or
   25         (b) Repairing an existing alarm system that was previously
   26  permitted by the local enforcement agency if the local
   27  enforcement agency requires a fire alarm permit for the repair.
   28         (2) If the local enforcement agency requires a fire alarm
   29  permit to repair an existing alarm system that was previously
   30  permitted by the local enforcement agency, a contractor may
   31  begin work after filing a Uniform Fire Alarm Permit Application
   32  as provided in subsection (3). A fire alarm repaired pursuant to
   33  this subsection may not be considered compliant until the
   34  required permit is issued and the local enforcement agency
   35  approves the repair.
   36         Section 3. Effective January 1, 2021, subsection (3) of
   37  section 626.2815, Florida Statutes, is amended to read:
   38         626.2815 Continuing education requirements.—
   39         (3) Each licensee except a title insurance agent must
   40  complete a 4-hour 5-hour update course every 2 years which is
   41  specific to the license held by the licensee. The course must be
   42  developed and offered by providers and approved by the
   43  department. The content of the course must address all lines of
   44  insurance for which examination and licensure are required and
   45  include the following subject areas: insurance law updates,
   46  ethics for insurance professionals, disciplinary trends and case
   47  studies, industry trends, premium discounts, determining
   48  suitability of products and services, and other similar
   49  insurance-related topics the department determines are relevant
   50  to legally and ethically carrying out the responsibilities of
   51  the license granted. A licensee who holds multiple insurance
   52  licenses must complete an update course that is specific to at
   53  least one of the licenses held. Except as otherwise specified,
   54  any remaining required hours of continuing education are
   55  elective and may consist of any continuing education course
   56  approved by the department under this section.
   57         (a) Except as provided in paragraphs (b), (c), (d), (e),
   58  (i), and (j), each licensee must also complete 20 19 hours of
   59  elective continuing education courses every 2 years.
   60         (b) A licensee who has been licensed for 6 or more years
   61  must also complete a minimum of 16 15 hours of elective
   62  continuing education every 2 years.
   63         (c) A licensee who has been licensed for 25 years or more
   64  and is a CLU or a CPCU or has a Bachelor of Science degree in
   65  risk management or insurance with evidence of 18 or more
   66  semester hours in insurance-related courses must also complete a
   67  minimum of 6 5 hours of elective continuing education courses
   68  every 2 years.
   69         (d) An individual who holds a license as a customer
   70  representative and who is not a licensed life or health agent
   71  must also complete a minimum of 6 5 hours of continuing
   72  education courses every 2 years.
   73         (e) An individual subject to chapter 648 must complete the
   74  4-hour 5-hour update course and a minimum of 10 9 hours of
   75  elective continuing education courses every 2 years.
   76         (f) Elective continuing education courses for public
   77  adjusters must be specifically designed for public adjusters and
   78  approved by the department. Notwithstanding this subsection,
   79  public adjusters for workers’ compensation insurance or health
   80  insurance are not required to take continuing education courses
   81  pursuant to this section.
   82         (g) Excess hours accumulated during any 2-year compliance
   83  period may be carried forward to the next compliance period.
   84         (h) An individual teaching an approved course of
   85  instruction or lecturing at any approved seminar and attending
   86  the entire course or seminar qualifies for the same number of
   87  classroom hours as would be granted to a person taking and
   88  successfully completing such course or seminar. Credit is
   89  limited to the number of hours actually taught unless a person
   90  attends the entire course or seminar. An individual who is an
   91  official of or employed by a governmental entity in this state
   92  and serves as a professor, instructor, or in another position or
   93  office, the duties and responsibilities of which are determined
   94  by the department to require monitoring and review of insurance
   95  laws or insurance regulations and practices, is exempt from this
   96  section.
   97         (i) For compliance periods beginning on or after October 1,
   98  2014, any person who holds a license as a title insurance agent
   99  must complete a minimum of 10 hours of continuing education
  100  credit every 2 years in title insurance and escrow management
  101  specific to this state and approved by the department, which
  102  shall include at least 3 hours of continuing education on the
  103  subject matter of ethics, rules, or compliance with state and
  104  federal regulations relating specifically to title insurance and
  105  closing services.
  106         (j) For a licensee who is an active participant in an
  107  association, 2 hours of elective continuing education credit per
  108  calendar year may be approved by the department, if properly
  109  reported by the association.
  110         Section 4. Subsection (3) of section 633.102, Florida
  111  Statutes, is amended to read:
  112         633.102 Definitions.—As used in this chapter, the term:
  113         (3)(a) “Contractor I” means a contractor whose business
  114  includes the execution of contracts requiring the ability to lay
  115  out, fabricate, install, inspect, alter, repair, and service all
  116  types of fire protection systems, excluding preengineered
  117  systems.
  118         (b) “Contractor II” means a contractor whose business is
  119  limited to the execution of contracts requiring the ability to
  120  lay out, fabricate, install, inspect, alter, repair, and service
  121  water sprinkler systems, water spray systems, foam-water
  122  sprinkler systems, foam-water spray systems, standpipes,
  123  combination standpipes and sprinkler risers, all piping that is
  124  an integral part of the system beginning at the point of service
  125  as defined in this section, sprinkler tank heaters, air lines,
  126  thermal systems used in connection with sprinklers, and tanks
  127  and pumps connected thereto, excluding preengineered systems.
  128         (c) “Contractor III” means a contractor whose business is
  129  limited to the execution of contracts requiring the ability to
  130  fabricate, install, inspect, alter, repair, and service carbon
  131  dioxide systems, foam extinguishing systems, dry chemical
  132  systems, and Halon and other chemical systems, excluding
  133  preengineered systems.
  134         (d) “Contractor IV” means a contractor whose business is
  135  limited to the execution of contracts requiring the ability to
  136  lay out, fabricate, install, inspect, alter, repair, and service
  137  automatic fire sprinkler systems for detached one-family
  138  dwellings, detached two-family dwellings, and mobile homes,
  139  excluding preengineered systems and excluding single-family
  140  homes in cluster units, such as apartments, condominiums, and
  141  assisted living facilities or any building that is connected to
  142  other dwellings. A Contractor IV is limited to the scope of
  143  practice specified in NFPA 13D.
  144         (e) “Contractor V” means a contractor whose business is
  145  limited to the execution of contracts requiring the ability to
  146  fabricate, install, inspect, alter, repair, and service the
  147  underground piping for a fire protection system using water as
  148  the extinguishing agent beginning at the point of service as
  149  defined in this act and ending no more than 1 foot above the
  150  finished floor.
  151  
  152  The definitions in this subsection may not be construed to
  153  include engineers or architects and do not limit or prohibit a
  154  licensed fire protection engineer or architect with fire
  155  protection design experience from designing any type of fire
  156  protection system. A distinction is made between system design
  157  concepts prepared by the design professional and system layout
  158  as defined in this section and typically prepared by the
  159  contractor. However, a person certified as a Contractor I or,
  160  Contractor II, or Contractor IV under this chapter may design
  161  new fire protection systems of 49 or fewer sprinklers;, and may
  162  design the alteration of an existing fire sprinkler system if
  163  the alteration consists of the relocation, addition, or deletion
  164  of not more than 49 or fewer sprinklers, notwithstanding the
  165  size of the existing fire sprinkler system; or may design the
  166  alteration of an existing fire sprinkler system if the
  167  alteration consists of the relocation or deletion of 249 or
  168  fewer sprinklers, notwithstanding the size of the existing fire
  169  sprinkler system, if there is no change of occupancy, as defined
  170  in the Florida Building Code, of the affected areas and there is
  171  no change in the water demand as defined in National Fire
  172  Protection Association publication NFPA 13 “Standard for the
  173  Installation of Sprinkler Systems, and if the occupancy hazard
  174  classification as defined in NFPA 13 is reduced or remains the
  175  same as a result of the alteration. A person certified as a
  176  Contractor I, Contractor II, or Contractor IV may design or
  177  alter a fire protection system, the scope of which complies with
  178  NFPA 13D, Standard for the Installation of Sprinkler Systems in
  179  One- and Two-Family Dwellings and Manufactured Homes, as adopted
  180  by the State Fire Marshal, notwithstanding the number of fire
  181  sprinklers. Contractor-developed plans may not be required by
  182  any local permitting authority to be sealed by a registered
  183  professional engineer.
  184         Section 5. Section 633.136, Florida Statutes, is amended to
  185  read:
  186         633.136 Fire and Emergency Incident Information Reporting
  187  Program; duties; fire reports.—
  188         (1)(a) The Fire and Emergency Incident Information
  189  Reporting Program is created within the division. The program
  190  shall:
  191         1. Establish and maintain an electronic communication
  192  system capable of transmitting fire and emergency incident
  193  information to and between fire service providers protection
  194  agencies.
  195         2. Initiate a Fire and Emergency Incident Information
  196  Reporting System that shall be responsible for:
  197         a. Receiving fire and emergency incident information from
  198  fire service providers protection agencies.
  199         b. Preparing and disseminating annual reports to the
  200  Governor, the President of the Senate, the Speaker of the House
  201  of Representatives, fire service providers protection agencies,
  202  and, upon request, the public. Each report shall include, but
  203  not be limited to, the information listed in the National Fire
  204  Incident Reporting System.
  205         c. Upon request, providing other states and federal
  206  agencies with fire and emergency incident data of this state.
  207         3. Adopt rules to effectively and efficiently implement,
  208  administer, manage, maintain, and use the Fire and Emergency
  209  Incident Information Reporting Program. The rules shall be
  210  considered minimum requirements and shall not preclude a fire
  211  service provider protection agency from implementing its own
  212  requirements which may not conflict with the rules of the
  213  division.
  214         4. By rule, establish procedures and a format for each fire
  215  service provider protection agency to voluntarily monitor its
  216  records and submit reports to the program.
  217         5. Maintain Establish an electronic information database
  218  that is accessible and searchable by fire service providers
  219  protection agencies.
  220         (b) The division shall consult with the Florida Forest
  221  Service of the Department of Agriculture and Consumer Services
  222  and the State Surgeon General of the Department of Health to
  223  coordinate data, ensure accuracy of the data, and limit
  224  duplication of efforts in data collection, analysis, and
  225  reporting.
  226         (2) The Fire and Emergency Incident Information System
  227  Technical Advisory Panel is created within the division. The
  228  panel shall advise, review, and recommend to the State Fire
  229  Marshal with respect to the requirements of this section. The
  230  membership of the panel shall consist of the following 15
  231  members:
  232         (a) The current 13 members of the Firefighters Employment,
  233  Standards, and Training Council as established in s. 633.402.
  234         (b) One member from the Florida Forest Service of the
  235  Department of Agriculture and Consumer Services, appointed by
  236  the director of the Florida Forest Service.
  237         (c) One member from the Department of Health, appointed by
  238  the State Surgeon General.
  239         (3) As used in For the purpose of this section, the term
  240  “fire service provider” has the same meaning as in s. 633.102
  241  “fire protection agency” shall be defined by rule by the
  242  division.
  243         Section 6. Subsections (18) and (20) of section 633.202,
  244  Florida Statutes, are amended to read:
  245         633.202 Florida Fire Prevention Code.—
  246         (18) The authority having jurisdiction shall determine the
  247  minimum radio signal strength for fire department communications
  248  in all new high-rise and existing high-rise buildings. Existing
  249  buildings are not required to comply with minimum radio strength
  250  for fire department communications and two-way radio system
  251  enhancement communications as required by the Florida Fire
  252  Prevention Code until January 1, 2023 2022. However, by January
  253  1, 2022 December 31, 2019, an existing building that is not in
  254  compliance with the requirements for minimum radio strength for
  255  fire department communications must have completed a minimum
  256  radio strength assessment apply for an appropriate permit for
  257  the required installation with the local government agency
  258  having jurisdiction and must demonstrate that the building will
  259  become compliant by January 1, 2023 2022. Existing apartment
  260  buildings are not required to comply until January 1, 2025.
  261  However, existing apartment buildings are required to apply for
  262  the appropriate permit for the required communications
  263  installation by December 31, 2022.
  264         (20)(a) In apartment occupancies with enclosed corridors
  265  served by interior or exterior exit stairs, doorstep refuse and
  266  recycling collection containers, which stand upright on their
  267  own and do not leak liquids when standing upright, must be
  268  allowed in exit access corridors when all of the following
  269  conditions exist:
  270         1. The maximum doorstep refuse and recycling collection
  271  container size does not exceed 13 gallons.
  272         2. Waste, which is in a doorstep refuse and recycling
  273  collection container, is not placed in the exit access corridors
  274  for single periods exceeding 5 hours.
  275         3. Doorstep refuse and recycling collection containers do
  276  not occupy the exit access corridors for single periods
  277  exceeding 12 hours.
  278         4. Doorstep refuse and recycling collection containers do
  279  not reduce the means of egress width below that required under
  280  NFPA Life Safety Code 101:31, as adopted under the Florida Fire
  281  Prevention Code.
  282         5. Management staff have written policies and procedures in
  283  place and enforce them to ensure compliance with this paragraph,
  284  and, upon request, provide a copy of such policies and
  285  procedures to the authority having jurisdiction.
  286         (b) In apartment occupancies with open-air corridors or
  287  balconies served by exterior exit stairs, doorstep refuse and
  288  recycling collection containers, which stand upright on their
  289  own and do not leak liquids when standing upright, must be
  290  allowed in exit access corridors when all of the following
  291  conditions exist:
  292         1. The maximum doorstep refuse and recycling collection
  293  container size does not exceed 27 gallons.
  294         2. Waste, which is in a doorstep refuse and recycling
  295  collection container, is not placed in the exit access corridors
  296  for single periods exceeding 5 hours.
  297         3. Doorstep refuse and recycling collection containers do
  298  not reduce the means of egress width below that required under
  299  NFPA Life Safety Code 101:31, as adopted under the Florida Fire
  300  Prevention Code.
  301         4. Management staff have written policies and procedures in
  302  place and enforce them to ensure compliance with this paragraph,
  303  and, upon request, provide a copy of such policies and
  304  procedures to the authority having jurisdiction.
  305         (c) The authority having jurisdiction may approve
  306  alternative containers and storage arrangements that are
  307  demonstrated to provide an equivalent level of safety to that
  308  provided under paragraphs (a) and (b).
  309         (d) The authority having jurisdiction shall allow apartment
  310  occupancies a phase-in period until December 31, 2020, to comply
  311  with this subsection.
  312         (e) This subsection is repealed on January 1, 2024 July 1,
  313  2021.
  314         Section 7. Section 633.217, Florida Statutes, is created to
  315  read:
  316         633.217Influencing a firesafety inspector; prohibited
  317  acts.
  318         (1) A person may not influence a firesafety inspector by:
  319         (a) Threatening, coercing, tricking, or attempting to
  320  threaten, coerce, or trick the firesafety inspector into
  321  violating any provision of the Florida Fire Prevention Code, any
  322  rule adopted by the State Fire Marshal, or any provision of this
  323  chapter.
  324         (b) Offering any compensation to the firesafety inspector
  325  to induce a violation of the Florida Fire Prevention Code, any
  326  rule adopted by the State Fire Marshal, or any provision of this
  327  chapter.
  328         (2) A firesafety inspector may not knowingly and willfully
  329  accept an attempt by a person to influence the firesafety
  330  inspector into violating any provision of the Florida Fire
  331  Prevention Code, any rule adopted by the State Fire Marshal, or
  332  any provision of this chapter.
  333         Section 8. Paragraphs (d), (g), and (h) of subsection (4)
  334  of section 633.304, Florida Statutes, are amended to read:
  335         633.304 Fire suppression equipment; license to install or
  336  maintain.—
  337         (4)
  338         (d) A license of any class may not be issued or renewed by
  339  the division and a license of any class does not remain
  340  operative unless:
  341         1. The applicant has submitted to the State Fire Marshal
  342  evidence of registration as a Florida corporation or evidence of
  343  compliance with s. 865.09.
  344         2. The State Fire Marshal or his or her designee has by
  345  inspection determined that the applicant possesses the equipment
  346  required for the class of license sought. The State Fire Marshal
  347  shall give an applicant a reasonable opportunity to correct any
  348  deficiencies discovered by inspection. To obtain such
  349  inspection, an applicant with facilities located outside this
  350  state must:
  351         a. Provide a notarized statement from a professional
  352  engineer licensed by the applicant’s state of domicile
  353  certifying that the applicant possesses the equipment required
  354  for the class of license sought and that all such equipment is
  355  operable; or
  356         b. Allow the State Fire Marshal or her or his designee to
  357  inspect the facility. All costs associated with the State Fire
  358  Marshal’s inspection must be paid by the applicant. The State
  359  Fire Marshal, in accordance with s. 120.54, may adopt rules to
  360  establish standards for the calculation and establishment of the
  361  amount of costs associated with any inspection conducted by the
  362  State Fire Marshal under this section. Such rules must include
  363  procedures for invoicing and receiving funds in advance of the
  364  inspection.
  365         3. The applicant has submitted to the State Fire Marshal
  366  proof of insurance providing coverage for comprehensive general
  367  liability for bodily injury and property damage, products
  368  liability, completed operations, and contractual liability. The
  369  State Fire Marshal shall adopt rules providing for the amounts
  370  of such coverage, but such amounts may not be less than $300,000
  371  for Class A or Class D licenses, $200,000 for Class B licenses,
  372  and $100,000 for Class C licenses; and the total coverage for
  373  any class of license held in conjunction with a Class D license
  374  may not be less than $300,000. The State Fire Marshal may, at
  375  any time after the issuance of a license or its renewal, require
  376  upon demand, and in no event more than 30 days after notice of
  377  such demand, the licensee to provide proof of insurance, on the
  378  insurer’s form, containing confirmation of insurance coverage as
  379  required by this chapter. Failure, for any length of time, to
  380  provide proof of insurance coverage as required must result in
  381  the immediate suspension of the license until proof of proper
  382  insurance is provided to the State Fire Marshal. An insurer that
  383  provides such coverage shall notify the State Fire Marshal of
  384  any change in coverage or of any termination, cancellation, or
  385  nonrenewal of any coverage.
  386         4. The applicant applies to the State Fire Marshal,
  387  provides proof of experience, and successfully completes a
  388  prescribed training course that includes both written and
  389  practical training offered at by the State Fire College and or
  390  an equivalent course approved by the State Fire Marshal as
  391  applicable to the class of license being sought. This
  392  subparagraph does not apply to any holder of or applicant for a
  393  permit under paragraph (g) or to a business organization or a
  394  governmental entity seeking initial licensure or renewal of an
  395  existing license solely for the purpose of inspecting,
  396  servicing, repairing, marking, recharging, and maintaining fire
  397  extinguishers used and located on the premises of and owned by
  398  such organization or entity.
  399         5. The applicant has a current retestor identification
  400  number that is appropriate for the license for which the
  401  applicant is applying and that is listed with the United States
  402  Department of Transportation.
  403         6. The applicant has passed, with a grade of at least 70
  404  percent, a written examination testing his or her knowledge of
  405  the rules and statutes governing the activities authorized by
  406  the license and demonstrating his or her knowledge and ability
  407  to perform those tasks in a competent, lawful, and safe manner.
  408  Such examination must be developed and administered by the State
  409  Fire Marshal, or his or her designee in accordance with policies
  410  and procedures of the State Fire Marshal. An applicant shall pay
  411  a nonrefundable examination fee of $50 for each examination or
  412  reexamination scheduled. A reexamination may not be scheduled
  413  sooner than 30 days after any administration of an examination
  414  to an applicant. An applicant may not be permitted to take an
  415  examination for any level of license more than a total of four
  416  times during 1 year, regardless of the number of applications
  417  submitted. As a prerequisite to licensure of the applicant, he
  418  or she:
  419         a. Must be at least 18 years of age.
  420         b. Must have 4 years of proven experience as a fire
  421  equipment permittee at a level equal to or greater than the
  422  level of license applied for or have a combination of education
  423  and experience determined to be equivalent thereto by the State
  424  Fire Marshal. Having held a permit at the appropriate level for
  425  the required period constitutes the required experience.
  426         c. Must not have been convicted of a felony or a crime
  427  punishable by imprisonment of 1 year or more under the law of
  428  the United States or of any state thereof or under the law of
  429  any other country. “Convicted” means a finding of guilt or the
  430  acceptance of a plea of guilty or nolo contendere in any federal
  431  or state court or a court in any other country, without regard
  432  to whether a judgment of conviction has been entered by the
  433  court having jurisdiction of the case. If an applicant has been
  434  convicted of any such felony, the applicant is excluded from
  435  licensure for a period of 4 years after expiration of sentence
  436  or final release by the Florida Commission on Offender Review
  437  unless the applicant, before the expiration of the 4-year
  438  period, has received a full pardon or has had her or his civil
  439  rights restored.
  440  
  441  This subparagraph does not apply to any holder of or applicant
  442  for a permit under paragraph (g) or to a business organization
  443  or a governmental entity seeking initial licensure or renewal of
  444  an existing license solely for the purpose of inspecting,
  445  servicing, repairing, marking, recharging, hydrotesting, and
  446  maintaining fire extinguishers used and located on the premises
  447  of and owned by such organization or entity.
  448         (g) A permit of any class may not be issued or renewed to a
  449  person by the division, and a permit of any class does not
  450  remain operative, unless the person has:
  451         1. Submitted a nonrefundable examination fee in the amount
  452  of $50.
  453         2. Successfully completed a training course that includes
  454  both written and practical training offered at by the State Fire
  455  College and or an equivalent course approved by the State Fire
  456  Marshal as applicable to the class of license being sought.
  457         3. Passed, with a grade of at least 70 percent, a written
  458  examination testing his or her knowledge of the rules and
  459  statutes governing the activities authorized by the permit and
  460  demonstrating his or her knowledge and ability to perform those
  461  tasks in a competent, lawful, and safe manner. Such examination
  462  must be developed and administered by the State Fire Marshal in
  463  accordance with the policies and procedures of the State Fire
  464  Marshal. An examination fee must be paid for each examination
  465  scheduled. A reexamination may not be scheduled sooner than 30
  466  days after any administration of an examination to an applicant.
  467  An applicant may not be permitted to take an examination for any
  468  level of permit more than four times during 1 year, regardless
  469  of the number of applications submitted. As a prerequisite to
  470  taking the permit examination, the applicant must be at least 16
  471  years of age.
  472         (h) An applicant for a license or permit under this section
  473  who fails the examination may take it three more times during
  474  the 1-year period after he or she originally filed an
  475  application for the examination. If the applicant fails the
  476  examination within 1 year after the application date and he or
  477  she seeks to retake the examination, he or she must file a new
  478  application, pay the application and examination fees, and
  479  successfully complete a prescribed training course that includes
  480  both written and practical training offered at by the State Fire
  481  College and or an equivalent course approved by the State Fire
  482  Marshal as applicable to the class of license being sought. The
  483  applicant may not submit a new application within 6 months after
  484  the date of his or her fourth reexamination. An applicant who
  485  passes the examination but does not meet the remaining
  486  qualifications prescribed by law and rule within 1 year after
  487  the application date must file a new application, pay the
  488  application and examination fee, successfully complete a
  489  prescribed training course that includes both written and
  490  practical training offered at approved by the State Fire College
  491  and or an equivalent course approved by the State Fire Marshal
  492  as applicable to the class of license being sought, and pass the
  493  written examination.
  494         Section 9. Subsection (1) of section 633.402, Florida
  495  Statutes, is amended to read:
  496         633.402 Firefighters Employment, Standards, and Training
  497  Council; organization; meetings; quorum; compensation; seal;
  498  special powers; firefighter training.—
  499         (1) There is created within the department a Firefighters
  500  Employment, Standards, and Training Council of 15 14 members.
  501         (a) The members shall be appointed as follows:
  502         1. Two fire chiefs appointed by the Florida Fire Chiefs
  503  Association.
  504         2. Two firefighters, who are not officers, appointed by the
  505  Florida Professional Firefighters Association.
  506         3. Two firefighter officers, who are not fire chiefs,
  507  appointed by the State Fire Marshal.
  508         4. One individual appointed by the Florida League of
  509  Cities.
  510         5. One individual appointed by the Florida Association of
  511  Counties.
  512         6. One individual appointed by the Florida Association of
  513  Special Districts.
  514         7. One individual appointed by the Florida Fire Marshals’
  515  and Inspectors’ Association.
  516         8. One employee of the Florida Forest Service of the
  517  Department of Agriculture and Consumer Services appointed by the
  518  director of the Florida Forest Service.
  519         9. One individual appointed by the State Fire Marshal.
  520         10. One director or instructor of a state-certified
  521  firefighting training facility appointed by the State Fire
  522  Marshal.
  523         11. One individual The remaining member, who shall be
  524  appointed by the State Fire Marshal, who may not be a member or
  525  representative of the firefighting profession or of any local
  526  government.
  527         12.One individual from the Department of Health, appointed
  528  by the Surgeon General.
  529         (b) To be eligible for appointment as a member under
  530  subparagraph (a)1., subparagraph (a)2., subparagraph (a)3.,
  531  subparagraph (a)8., or subparagraph (a)10., a person must have
  532  had at least 4 years’ experience in the firefighting profession.
  533  Members shall serve only as long as they continue to meet the
  534  criteria under which they were appointed, or unless a member has
  535  failed to appear at three consecutive and properly noticed
  536  meetings unless excused by the chair.
  537         Section 10. Subsection (1) of section 633.416, Florida
  538  Statutes, is amended to read:
  539         633.416 Firefighter employment and volunteer firefighter
  540  service; saving clause.—
  541         (1) A fire service provider may not employ an individual
  542  to:
  543         (a) Extinguish fires for the protection of life or property
  544  or to supervise individuals who perform such services unless the
  545  individual holds a current and valid Firefighter Certificate of
  546  Compliance. However, a person who is currently serving as a
  547  volunteer firefighter and holds a volunteer firefighter
  548  certificate of completion with a fire service provider, who is
  549  then employed as a regular or permanent firefighter by such fire
  550  service provider, may function, for a period of 1 year under the
  551  direct supervision of an individual holding a valid firefighter
  552  certificate of compliance, in the same capacity in which he or
  553  she acted as a volunteer firefighter, provided that he or she
  554  has completed all training required by the volunteer
  555  organization. Under no circumstance can this period extend
  556  beyond 1 year either collectively or consecutively from the
  557  start of employment to obtain a Firefighter Certificate of
  558  Compliance; or
  559         (b) Serve as the administrative and command head of a fire
  560  service provider for a period in excess of 1 year unless the
  561  individual holds a current and valid Firefighter Certificate of
  562  Compliance or Special Certificate of Compliance.
  563         Section 11. Section 843.08, Florida Statutes, is amended to
  564  read:
  565         843.08 False personation.—A person who falsely assumes or
  566  pretends to be a firefighter, a sheriff, an officer of the
  567  Florida Highway Patrol, an officer of the Fish and Wildlife
  568  Conservation Commission, an officer of the Department of
  569  Environmental Protection, a fire or arson investigator of the
  570  Department of Financial Services, an officer of the Department
  571  of Financial Services, any personnel or representative of the
  572  Division of Investigative and Forensic Services, an officer of
  573  the Department of Corrections, a correctional probation officer,
  574  a deputy sheriff, a state attorney or an assistant state
  575  attorney, a statewide prosecutor or an assistant statewide
  576  prosecutor, a state attorney investigator, a coroner, a police
  577  officer, a lottery special agent or lottery investigator, a
  578  beverage enforcement agent, a school guardian as described in s.
  579  30.15(1)(k), a security officer licensed under chapter 493, any
  580  member of the Florida Commission on Offender Review or any
  581  administrative aide or supervisor employed by the commission,
  582  any personnel or representative of the Department of Law
  583  Enforcement, or a federal law enforcement officer as defined in
  584  s. 901.1505, and takes upon himself or herself to act as such,
  585  or to require any other person to aid or assist him or her in a
  586  matter pertaining to the duty of any such officer, commits a
  587  felony of the third degree, punishable as provided in s.
  588  775.082, s. 775.083, or s. 775.084. However, a person who
  589  falsely personates any such officer during the course of the
  590  commission of a felony commits a felony of the second degree,
  591  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  592  If the commission of the felony results in the death or personal
  593  injury of another human being, the person commits a felony of
  594  the first degree, punishable as provided in s. 775.082, s.
  595  775.083, or s. 775.084.
  596         Section 12. Paragraph (f) is added to subsection (11) of
  597  section 943.045, Florida Statutes, to read:
  598         943.045 Definitions; ss. 943.045-943.08.—The following
  599  words and phrases as used in ss. 943.045-943.08 shall have the
  600  following meanings:
  601         (11) “Criminal justice agency” means:
  602         (f)The investigations component of the Department of
  603  Financial Services which investigates the crimes of fraud and
  604  official misconduct in all public assistance given to residents
  605  of the state or provided to others by the state.
  606         Section 13. Effective upon this act becoming a law,
  607  subsection (3) of section 40 of chapter 2019-140, Laws of
  608  Florida, is amended to read:
  609         Section 14. (3) The task force shall submit a report to the
  610  Governor,
  611  
  612  ================= T I T L E  A M E N D M E N T ================
  613  And the title is amended as follows:
  614         Delete lines 42 - 110
  615  and insert:
  616         amending s. 552.081, F.S.; revising the definition of
  617         the term “two-component explosives” for the purpose of
  618         regulation by the Division of State Fire Marshal;
  619         amending s. 553.7921, F.S.; authorizing a contractor
  620         repairing certain existing fire alarm systems to begin
  621         work after filing an application for a required permit
  622         but before receiving the permit; providing
  623         construction; amending s. 626.2815, F.S.; revising
  624         continuing education requirements for certain persons
  625         licensed to solicit, sell, or adjust insurance;
  626         amending s. 633.102, F.S.; revising the authority of
  627         certain fire protection system contractors to design
  628         and alter certain systems; amending s. 633.136, F.S.;
  629         replacing fire protection agencies in the Fire and
  630         Emergency Incident Information Reporting Program with
  631         fire service providers and defining the term; revising
  632         the composition of the Fire and Emergency Incident
  633         Information System Technical Advisory Panel; amending
  634         s. 633.202, F.S.; extending a deadline for certain
  635         buildings to comply with a minimum radio signal
  636         strength requirement under the Florida Fire Prevention
  637         Code; requiring such buildings to meet certain
  638         conditions by a specified date; extending the repeal
  639         date of exemptions to the Florida Fire Prevention Code
  640         which authorize doorstep refuse and recycling
  641         collection containers to be in exit access corridors
  642         in certain apartment occupancies under certain
  643         circumstances; creating s. 633.217, F.S.; prohibiting
  644         certain acts to influence a firesafety inspector into
  645         violating certain laws; prohibiting a firesafety
  646         inspector from knowingly and willfully accepting an
  647         attempt to influence him or her into violating certain
  648         laws; amending s. 633.304, F.S.; revising requirements
  649         for training courses for licensees installing or
  650         maintaining certain fire suppression equipment;
  651         amending s. 633.402, F.S.; revising the composition of
  652         the Firefighters Employment, Standards, and Training
  653         Council; amending s. 633.416, F.S.; providing that
  654         certain persons serving as volunteer firefighters may
  655         serve as a regular or permanent firefighter for a
  656         limited period, subject to certain restrictions;
  657         amending s. 843.08, F.S.; prohibiting false
  658         personation of personnel or representatives of the
  659         Division of Investigative and Forensic Services;
  660         providing criminal penalties; amending s. 943.045,
  661         F.S.; revising the definition of the term “criminal
  662         justice agency” to include the investigations
  663         component of the department which investigates certain
  664         crimes; amending chapter 2019-140, L.O.F.; extending
  665         the deadline for the Florida Blockchain Task Force to