Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. SB 1404
       
       
       
       
       
       
                                Ì830734&Î830734                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  01/21/2020           .                                
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       The Committee on Banking and Insurance (Perry) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 325 and 326
    4  insert:
    5         Section 7. Paragraphs (d), (g), and (h) of subsection (4)
    6  of section 633.304, Florida Statutes, are amended to read:
    7         633.304 Fire suppression equipment; license to install or
    8  maintain.—
    9         (4)
   10         (d) A license of any class may not be issued or renewed by
   11  the division and a license of any class does not remain
   12  operative unless:
   13         1. The applicant has submitted to the State Fire Marshal
   14  evidence of registration as a Florida corporation or evidence of
   15  compliance with s. 865.09.
   16         2. The State Fire Marshal or his or her designee has by
   17  inspection determined that the applicant possesses the equipment
   18  required for the class of license sought. The State Fire Marshal
   19  shall give an applicant a reasonable opportunity to correct any
   20  deficiencies discovered by inspection. To obtain such
   21  inspection, an applicant with facilities located outside this
   22  state must:
   23         a. Provide a notarized statement from a professional
   24  engineer licensed by the applicant’s state of domicile
   25  certifying that the applicant possesses the equipment required
   26  for the class of license sought and that all such equipment is
   27  operable; or
   28         b. Allow the State Fire Marshal or her or his designee to
   29  inspect the facility. All costs associated with the State Fire
   30  Marshal’s inspection must be paid by the applicant. The State
   31  Fire Marshal, in accordance with s. 120.54, may adopt rules to
   32  establish standards for the calculation and establishment of the
   33  amount of costs associated with any inspection conducted by the
   34  State Fire Marshal under this section. Such rules must include
   35  procedures for invoicing and receiving funds in advance of the
   36  inspection.
   37         3. The applicant has submitted to the State Fire Marshal
   38  proof of insurance providing coverage for comprehensive general
   39  liability for bodily injury and property damage, products
   40  liability, completed operations, and contractual liability. The
   41  State Fire Marshal shall adopt rules providing for the amounts
   42  of such coverage, but such amounts may not be less than $300,000
   43  for Class A or Class D licenses, $200,000 for Class B licenses,
   44  and $100,000 for Class C licenses; and the total coverage for
   45  any class of license held in conjunction with a Class D license
   46  may not be less than $300,000. The State Fire Marshal may, at
   47  any time after the issuance of a license or its renewal, require
   48  upon demand, and in no event more than 30 days after notice of
   49  such demand, the licensee to provide proof of insurance, on the
   50  insurer’s form, containing confirmation of insurance coverage as
   51  required by this chapter. Failure, for any length of time, to
   52  provide proof of insurance coverage as required must result in
   53  the immediate suspension of the license until proof of proper
   54  insurance is provided to the State Fire Marshal. An insurer that
   55  provides such coverage shall notify the State Fire Marshal of
   56  any change in coverage or of any termination, cancellation, or
   57  nonrenewal of any coverage.
   58         4. The applicant applies to the State Fire Marshal,
   59  provides proof of experience, and successfully completes a
   60  prescribed training course that includes both written and
   61  practical training offered at by the State Fire College and or
   62  an equivalent course approved by the State Fire Marshal as
   63  applicable to the class of license being sought. This
   64  subparagraph does not apply to any holder of or applicant for a
   65  permit under paragraph (g) or to a business organization or a
   66  governmental entity seeking initial licensure or renewal of an
   67  existing license solely for the purpose of inspecting,
   68  servicing, repairing, marking, recharging, and maintaining fire
   69  extinguishers used and located on the premises of and owned by
   70  such organization or entity.
   71         5. The applicant has a current retestor identification
   72  number that is appropriate for the license for which the
   73  applicant is applying and that is listed with the United States
   74  Department of Transportation.
   75         6. The applicant has passed, with a grade of at least 70
   76  percent, a written examination testing his or her knowledge of
   77  the rules and statutes governing the activities authorized by
   78  the license and demonstrating his or her knowledge and ability
   79  to perform those tasks in a competent, lawful, and safe manner.
   80  Such examination must be developed and administered by the State
   81  Fire Marshal, or his or her designee in accordance with policies
   82  and procedures of the State Fire Marshal. An applicant shall pay
   83  a nonrefundable examination fee of $50 for each examination or
   84  reexamination scheduled. A reexamination may not be scheduled
   85  sooner than 30 days after any administration of an examination
   86  to an applicant. An applicant may not be permitted to take an
   87  examination for any level of license more than a total of four
   88  times during 1 year, regardless of the number of applications
   89  submitted. As a prerequisite to licensure of the applicant, he
   90  or she:
   91         a. Must be at least 18 years of age.
   92         b. Must have 4 years of proven experience as a fire
   93  equipment permittee at a level equal to or greater than the
   94  level of license applied for or have a combination of education
   95  and experience determined to be equivalent thereto by the State
   96  Fire Marshal. Having held a permit at the appropriate level for
   97  the required period constitutes the required experience.
   98         c. Must not have been convicted of a felony or a crime
   99  punishable by imprisonment of 1 year or more under the law of
  100  the United States or of any state thereof or under the law of
  101  any other country. “Convicted” means a finding of guilt or the
  102  acceptance of a plea of guilty or nolo contendere in any federal
  103  or state court or a court in any other country, without regard
  104  to whether a judgment of conviction has been entered by the
  105  court having jurisdiction of the case. If an applicant has been
  106  convicted of any such felony, the applicant is excluded from
  107  licensure for a period of 4 years after expiration of sentence
  108  or final release by the Florida Commission on Offender Review
  109  unless the applicant, before the expiration of the 4-year
  110  period, has received a full pardon or has had her or his civil
  111  rights restored.
  112  
  113  This subparagraph does not apply to any holder of or applicant
  114  for a permit under paragraph (g) or to a business organization
  115  or a governmental entity seeking initial licensure or renewal of
  116  an existing license solely for the purpose of inspecting,
  117  servicing, repairing, marking, recharging, hydrotesting, and
  118  maintaining fire extinguishers used and located on the premises
  119  of and owned by such organization or entity.
  120         (g) A permit of any class may not be issued or renewed to a
  121  person by the division, and a permit of any class does not
  122  remain operative, unless the person has:
  123         1. Submitted a nonrefundable examination fee in the amount
  124  of $50.
  125         2. Successfully completed a training course that includes
  126  both written and practical training offered at by the State Fire
  127  College and or an equivalent course approved by the State Fire
  128  Marshal as applicable to the class of license being sought.
  129         3. Passed, with a grade of at least 70 percent, a written
  130  examination testing his or her knowledge of the rules and
  131  statutes governing the activities authorized by the permit and
  132  demonstrating his or her knowledge and ability to perform those
  133  tasks in a competent, lawful, and safe manner. Such examination
  134  must be developed and administered by the State Fire Marshal in
  135  accordance with the policies and procedures of the State Fire
  136  Marshal. An examination fee must be paid for each examination
  137  scheduled. A reexamination may not be scheduled sooner than 30
  138  days after any administration of an examination to an applicant.
  139  An applicant may not be permitted to take an examination for any
  140  level of permit more than four times during 1 year, regardless
  141  of the number of applications submitted. As a prerequisite to
  142  taking the permit examination, the applicant must be at least 16
  143  years of age.
  144         (h) An applicant for a license or permit under this section
  145  who fails the examination may take it three more times during
  146  the 1-year period after he or she originally filed an
  147  application for the examination. If the applicant fails the
  148  examination within 1 year after the application date and he or
  149  she seeks to retake the examination, he or she must file a new
  150  application, pay the application and examination fees, and
  151  successfully complete a prescribed training course that includes
  152  both written and practical training offered at by the State Fire
  153  College and or an equivalent course approved by the State Fire
  154  Marshal as applicable to the class of license being sought. The
  155  applicant may not submit a new application within 6 months after
  156  the date of his or her fourth reexamination. An applicant who
  157  passes the examination but does not meet the remaining
  158  qualifications prescribed by law and rule within 1 year after
  159  the application date must file a new application, pay the
  160  application and examination fee, successfully complete a
  161  prescribed training course that includes both written and
  162  practical training offered at approved by the State Fire College
  163  and or an equivalent course approved by the State Fire Marshal
  164  as applicable to the class of license being sought, and pass the
  165  written examination.
  166  
  167  ================= T I T L E  A M E N D M E N T ================
  168  And the title is amended as follows:
  169         Delete line 35
  170  and insert:
  171         construction; amending s. 633.304, F.S.; specifying
  172         that training courses offered by the State Fire
  173         College must include a written and a practical element
  174         and be approved by the State Fire Marshal; amending s.
  175         633.416, F.S.; providing