Florida Senate - 2021                                    SB 1408
       
       
        
       By Senator Burgess
       
       
       
       
       
       20-00626C-21                                          20211408__
    1                        A bill to be entitled                      
    2         An act relating to the Department of Financial
    3         Services; amending s. 20.121, F.S.; specifying powers
    4         and duties of the Division of Public Assistance Fraud;
    5         amending s. 284.30, F.S.; requiring the State Risk
    6         Management Trust Fund to provide insurance for certain
    7         firefighter cancer-related benefits; making technical
    8         changes; amending s. 284.31, F.S.; requiring the
    9         Insurance Risk Management Trust Fund to provide a
   10         separate account for certain firefighter cancer
   11         related benefits; making technical changes; amending
   12         s. 284.385, F.S.; specifying a condition that must be
   13         met before certain firefighter cancer-related benefits
   14         may be paid from the State Risk Management Trust Fund;
   15         making technical changes; creating s. 284.45, F.S.;
   16         prohibiting individuals working for entities covered
   17         by the State Risk Management Trust Fund from engaging
   18         in retaliatory conduct against sexual harassment
   19         victims; defining the term “sexual harassment victim”;
   20         specifying a criminal penalty for the willful and
   21         knowing dissemination of a sexual harassment victim’s
   22         personal identifying information, except under certain
   23         circumstances; specifying protected personal
   24         identifying information; amending s. 497.101, F.S.;
   25         revising provisions relating to membership of the
   26         Board of Funeral, Cemetery, and Consumer Services
   27         within the Department of Financial Services;
   28         authorizing use of communications media technology for
   29         board member participation and determination of a
   30         quorum of the board; defining the term “communications
   31         media technology”; deleting a requirement for the
   32         department to adopt certain rules; making technical
   33         changes; creating s. 497.1411, F.S.; defining terms;
   34         providing for permanent disqualification of applicants
   35         for licensure under ch. 497, F.S., for certain
   36         offenses; providing for disqualifying periods for
   37         applicants for certain offenses; requiring the board
   38         to adopt rules; providing for calculation of
   39         disqualifying periods; providing conditions for
   40         licensure after completion of a disqualifying period;
   41         specifying the effect of a pardon or restoration of
   42         civil rights; providing for exemptions from
   43         disqualification if certain conditions are met;
   44         requiring an applicant for an exemption to provide
   45         certain evidence that he or she will not present a
   46         danger if licensed; granting the board the discretion
   47         to approve or deny an exemption; providing
   48         applicability; providing construction; amending s.
   49         497.142, F.S.; revising criminal history disclosure
   50         requirements for applicants seeking licensure under
   51         ch. 497, F.S.; amending s. 497.157, F.S.; prohibiting
   52         persons from acting as or advertising themselves as
   53         being funeral directors, embalmers, direct disposers,
   54         or preneed sales agents unless they are so licensed;
   55         prohibiting persons from engaging in certain
   56         activities requiring licensure without holding
   57         required licenses; revising the criminal penalty for
   58         unlicensed activity; making technical changes;
   59         amending s. 497.159, F.S.; conforming a provision to
   60         changes made by the act; amending s. 552.081, F.S.;
   61         revising the definition of the term “two-component
   62         explosives” for the purpose of regulation by the
   63         Division of State Fire Marshal; amending s. 553.7921,
   64         F.S.; authorizing a contractor repairing certain
   65         existing fire alarm systems to begin work after filing
   66         an application for a required permit but before
   67         receiving the permit; providing construction; amending
   68         s. 626.2815, F.S.; revising continuing education
   69         requirements for certain persons licensed to solicit,
   70         sell, or adjust insurance; amending s. 626.371, F.S.;
   71         requiring submission of renewal appointments of
   72         certain insurance representatives within a certain
   73         timeframe; requiring the department to notify certain
   74         insurers or employers regarding inadvertent failures
   75         to appoint; requiring insurers and employers to pay
   76         certain fees and taxes within a certain timeframe;
   77         authorizing the department to issue appointments under
   78         certain circumstances; prohibiting the department from
   79         considering inadvertent failures to appoint to be
   80         violations under certain circumstances; requiring the
   81         department to suspend an insurer’s or employer’s
   82         authority to appoint licensees under certain
   83         circumstances; amending s. 626.8443, F.S.; increasing
   84         the maximum period of suspension of a title insurance
   85         agent’s or agency’s license; making technical changes;
   86         amending s. 626.916, F.S.; deleting a requirement for
   87         agents to advise insureds that certain coverage may be
   88         available for personal residential property risks to
   89         be eligible for export under the Surplus Lines Law;
   90         amending s. 626.9551, F.S.; prohibiting requirements
   91         for the provision of replacement cost estimators or
   92         certain other proprietary business information under
   93         certain circumstances; amending s. 627.715, F.S.;
   94         providing an exemption from a diligent effort
   95         requirement for surplus lines agents exporting
   96         contracts or endorsements providing flood coverage;
   97         amending s. 633.102, F.S.; revising the authority of
   98         certain fire protection system contractors to design
   99         or alter certain fire protection systems; providing
  100         for resolution of conflicts between the Florida
  101         Building Code and the Florida Fire Prevention Code;
  102         amending s. 633.136, F.S.; replacing fire protection
  103         agencies in the Fire and Emergency Incident
  104         Information Reporting Program with fire service
  105         providers; revising the composition of the Fire and
  106         Emergency Incident Information System Technical
  107         Advisory Panel; defining the term “fire service
  108         provider”; amending s. 633.202, F.S.; extending a
  109         deadline for certain buildings to comply with a
  110         minimum radio signal strength requirement under the
  111         Florida Fire Prevention Code; requiring such buildings
  112         to meet certain conditions by a specified date;
  113         revising a condition that existing apartment buildings
  114         must meet by a specified date; making technical
  115         changes; creating s. 633.217, F.S.; prohibiting
  116         certain acts to influence a firesafety inspector to
  117         violate certain laws; prohibiting a firesafety
  118         inspector from knowingly and willfully accepting an
  119         attempt to influence him or her to violate certain
  120         laws; amending s. 633.402, F.S.; revising the
  121         composition of the Firefighters Employment, Standards,
  122         and Training Council; amending s. 633.416, F.S.;
  123         providing that certain persons serving as volunteer
  124         firefighters may serve as a regular or permanent
  125         firefighter for a limited period, subject to certain
  126         restrictions; amending s. 648.30, F.S.; prohibiting
  127         the aiding or abetting of unlicensed activity of a
  128         bail bond agent or temporary bail bond agent;
  129         providing criminal penalties; amending s. 843.08,
  130         F.S.; prohibiting false personation of personnel or
  131         representatives of the Division of Investigative and
  132         Forensic Services; amending s. 943.045, F.S.; revising
  133         the definition of the term “criminal justice agency”
  134         to include the investigations component of the
  135         department which investigates certain crimes;
  136         reenacting s. 497.141(5)(a), F.S., relating to
  137         licensing and general application procedures, to
  138         incorporate the amendment made to s. 497.142, F.S., in
  139         a reference thereto; providing effective dates.
  140          
  141  Be It Enacted by the Legislature of the State of Florida:
  142  
  143         Section 1. Paragraph (f) of subsection (2) of section
  144  20.121, Florida Statutes, is amended to read:
  145         20.121 Department of Financial Services.—There is created a
  146  Department of Financial Services.
  147         (2) DIVISIONS.—The Department of Financial Services shall
  148  consist of the following divisions and office:
  149         (f) The Division of Public Assistance Fraud, which shall
  150  function as a criminal justice agency for purposes of ss.
  151  943.045-943.08. The division shall conduct investigations
  152  pursuant to s. 414.411 within or outside of this state as it
  153  deems necessary. If, during an investigation, the division has
  154  reason to believe that any criminal law of this state has or may
  155  have been violated, it shall refer any records supporting such
  156  violation to state or federal law enforcement or prosecutorial
  157  agencies and shall provide investigative assistance to those
  158  agencies as required.
  159         Section 2. Section 284.30, Florida Statutes, is amended to
  160  read:
  161         284.30 State Risk Management Trust Fund; coverages to be
  162  provided.—A state self-insurance fund, designated as the “State
  163  Risk Management Trust Fund,” is created to be set up by the
  164  Department of Financial Services and administered with a program
  165  of risk management, which fund is to provide insurance, as
  166  authorized by s. 284.33, for workers’ compensation, general
  167  liability, fleet automotive liability, federal civil rights
  168  actions under 42 U.S.C. s. 1983 or similar federal statutes,
  169  benefits payable under s. 112.1816(2), and court-awarded
  170  attorney attorney’s fees in other proceedings against the state
  171  except for such awards in eminent domain or for inverse
  172  condemnation or for awards by the Public Employees Relations
  173  Commission. A party to a suit in any court, to be entitled to
  174  have his or her attorney attorney’s fees paid by the state or
  175  any of its agencies, must serve a copy of the pleading claiming
  176  the fees on the Department of Financial Services; and thereafter
  177  the department shall be entitled to participate with the agency
  178  in the defense of the suit and any appeal thereof with respect
  179  to such fees.
  180         Section 3. Section 284.31, Florida Statutes, is amended to
  181  read:
  182         284.31 Scope and types of coverages; separate accounts.—The
  183  Insurance Risk Management Trust Fund must shall, unless
  184  specifically excluded by the Department of Financial Services,
  185  cover all departments of the State of Florida and their
  186  employees, agents, and volunteers and must shall provide
  187  separate accounts for workers’ compensation, general liability,
  188  fleet automotive liability, federal civil rights actions under
  189  42 U.S.C. s. 1983 or similar federal statutes, benefits payable
  190  under s. 112.1816(2), and court-awarded attorney attorney’s fees
  191  in other proceedings against the state except for such awards in
  192  eminent domain or for inverse condemnation or for awards by the
  193  Public Employees Relations Commission. Unless specifically
  194  excluded by the Department of Financial Services, the Insurance
  195  Risk Management Trust Fund must shall provide fleet automotive
  196  liability coverage to motor vehicles titled to the state, or to
  197  any department of the state, when such motor vehicles are used
  198  by community transportation coordinators performing, under
  199  contract to the appropriate department of the state, services
  200  for the transportation disadvantaged under part I of chapter
  201  427. Such fleet automotive liability coverage is shall be
  202  primary and is shall be subject to the provisions of s. 768.28
  203  and parts II and III of chapter 284, and applicable rules
  204  adopted thereunder, and the terms and conditions of the
  205  certificate of coverage issued by the Department of Financial
  206  Services.
  207         Section 4. Section 284.385, Florida Statutes, is amended to
  208  read:
  209         284.385 Reporting and handling of claims.—
  210         (1) All departments covered by the State Risk Management
  211  Trust Fund under this part shall immediately report all known or
  212  potential claims to the Department of Financial Services for
  213  handling, except employment complaints that which have not been
  214  filed with the Florida Human Relations Commission, Equal
  215  Employment Opportunity Commission, or any similar agency. When
  216  deemed necessary, the Department of Financial Services shall
  217  assign or reassign the claim to counsel. The assigned counsel
  218  shall report regularly to the Department of Financial Services
  219  or to the covered department on the status of any such claims or
  220  litigation as required by the Department of Financial Services.
  221  No Such claims may not claim shall be compromised or settled for
  222  monetary compensation without the prior approval of the
  223  Department of Financial Services and prior notification to the
  224  covered department. All departments shall cooperate with the
  225  Department of Financial Services in its handling of claims. The
  226  Department of Financial Services and the Department of
  227  Management Services, with the cooperation of the state attorneys
  228  and the clerks of the courts, shall develop a system to
  229  coordinate the exchange of information concerning claims for and
  230  against the state, its agencies, and its subdivisions, to assist
  231  in collection of amounts due to them. The covered department is
  232  responsible shall have the responsibility for the settlement of
  233  any claim for injunctive or affirmative relief under 42 U.S.C.
  234  s. 1983 or similar federal or state statutes. The payment of a
  235  settlement or judgment for any claim covered and reported under
  236  this part may shall be made only from the State Risk Management
  237  Trust Fund.
  238         (2)Benefits provided under s. 112.1816(2) may not be paid
  239  from the fund until each request for any out-of-pocket
  240  deductible, copayment, or coinsurance costs and one-time cash
  241  payout has been validated and approved by the Department of
  242  Management Services.
  243         Section 5. Section 284.45, Florida Statutes, is created to
  244  read:
  245         284.45 Sexual harassment victims.—
  246         (1)An individual working for an entity covered by the
  247  State Risk Management Trust Fund may not engage in retaliatory
  248  conduct of any kind against a sexual harassment victim. As used
  249  in this section, the term “sexual harassment victim” means an
  250  individual employed, or being considered for employment, with an
  251  entity participating in the State Risk Management Trust Fund who
  252  becomes a victim of workplace sexual harassment through the
  253  course of employment, or while being considered for employment,
  254  with the entity.
  255         (2)The willful and knowing dissemination of personal
  256  identifying information of a sexual harassment victim, which is
  257  confidential and exempt pursuant to s. 119.071(2)(n), to any
  258  party other than a governmental entity in furtherance of its
  259  official duties or pursuant to a court order is a misdemeanor of
  260  the first degree, punishable as provided in s. 775.082. For
  261  purposes of this subsection, the term personal identifying
  262  information includes the name of the sexual harassment victim
  263  and his or her:
  264         (a)Home address;
  265         (b)Home phone number;
  266         (c)Cellular phone number;
  267         (d)E-mail address;
  268         (e)Social media account username or uniform resource
  269  locator (URL); or
  270         (f)Any other information that could reasonably be used to
  271  identify an alleged sexual harassment victim.
  272         Section 6. Subsections (1), (2), (3), (6), and (8) of
  273  section 497.101, Florida Statutes, are amended to read:
  274         497.101 Board of Funeral, Cemetery, and Consumer Services;
  275  membership; appointment; terms.—
  276         (1) The Board of Funeral, Cemetery, and Consumer Services
  277  is created within the Department of Financial Services and shall
  278  consist of 10 members, 9 of whom shall be appointed by the
  279  Governor from nominations made by the Chief Financial Officer
  280  and confirmed by the Senate. The Chief Financial Officer shall
  281  nominate one to three persons for each of the nine vacancies on
  282  the board, and the Governor shall fill each vacancy on the board
  283  by appointing one of the three persons nominated by the Chief
  284  Financial Officer to fill that vacancy. If the Governor objects
  285  to each of the three nominations for a vacancy, she or he shall
  286  inform the Chief Financial Officer in writing. Upon notification
  287  of an objection by the Governor, the Chief Financial Officer
  288  shall submit one to three additional nominations for that
  289  vacancy until the vacancy is filled. One member must be the
  290  State Health Officer or her or his designee.
  291         (2) Two members of the board must shall be funeral
  292  directors licensed under part III of this chapter who are
  293  associated with a funeral establishment. One member of the board
  294  must shall be a funeral director licensed under part III of this
  295  chapter who is associated with a funeral establishment licensed
  296  under part III of this chapter which that has a valid preneed
  297  license issued pursuant to this chapter and who owns or operates
  298  a cinerator facility approved under chapter 403 and licensed
  299  under part VI of this chapter. Two members of the board must
  300  shall be persons whose primary occupation is associated with a
  301  cemetery company licensed pursuant to this chapter. Two Three
  302  members of the board must shall be consumers who are residents
  303  of this the state, have never been licensed as funeral directors
  304  or embalmers, are not connected with a cemetery or cemetery
  305  company licensed pursuant to this chapter, and are not connected
  306  with the death care industry or the practice of embalming,
  307  funeral directing, or direct disposition. One of the two
  308  consumer members must shall be at least 60 years of age, and one
  309  shall be licensed as a certified public accountant under chapter
  310  473. One member of the board must be a consumer who is a
  311  resident of this state; is licensed as a certified public
  312  accountant under chapter 473; has never been licensed as a
  313  funeral director or an embalmer; is not a principal or an
  314  employee of any licensee licensed under this chapter; and does
  315  not otherwise have control, as defined in s. 497.005, over any
  316  licensee licensed under this chapter. One member of the board
  317  must shall be a principal of a monument establishment licensed
  318  under this chapter as a monument builder. One member must shall
  319  be the State Health Officer or her or his designee. There may
  320  shall not be two or more board members who are principals or
  321  employees of the same company or partnership or group of
  322  companies or partnerships under common control.
  323         (3) Board members shall be appointed for terms of 4 years,
  324  and the State Health Officer shall serve as long as that person
  325  holds that office. The designee of the State Health Officer
  326  shall serve at the pleasure of the Governor. When the terms of
  327  the initial board members expire, the Chief Financial Officer
  328  shall stagger the terms of the successor members as follows: one
  329  funeral director, one cemetery representative, the monument
  330  builder, and one consumer member shall be appointed for terms of
  331  2 years, and the remaining members shall be appointed for terms
  332  of 4 years. All subsequent terms shall be for 4 years.
  333         (6) The board shall maintain its headquarters and records
  334  of the board shall be in the Division of Funeral, Cemetery, and
  335  Consumer Services of the Department of Financial Services in the
  336  City of Tallahassee. The board may be contacted through the
  337  Division of Funeral, Cemetery, and Consumer Services of the
  338  Department of Financial Services in the City of Tallahassee. The
  339  Chief Financial Officer shall annually appoint from among the
  340  board members a chair and vice chair of the board. The board
  341  shall meet at least every 6 months, and more often as necessary.
  342  Special meetings of the board shall be convened upon the
  343  direction of the Chief Financial Officer. A quorum is necessary
  344  for the conduct of business by the board. The participation by a
  345  board member in a meeting conducted through communications media
  346  technology constitutes that individual’s presence at such
  347  meeting. Board members appearing at a board meeting in person as
  348  well as board members appearing through the use of
  349  communications media technology shall be counted for the
  350  determination of a quorum. As used in this subsection,
  351  “communications media technology” means the electronic
  352  transmission of printed matter, audio, full-motion video,
  353  freeze-frame video, compressed video, and digital video by any
  354  method available. Unless otherwise provided by law, a majority
  355  of the board members eligible to vote constitutes a quorum for
  356  the purpose of conducting its business six board members shall
  357  constitute a quorum for the conduct of the board’s business.
  358         (8)The department shall adopt rules establishing forms by
  359  which persons may apply for membership on the board and
  360  procedures for applying for such membership. Such forms shall
  361  require disclosure of the existence and nature of all current
  362  and past employments by or contracts with, and direct or
  363  indirect affiliations or interests in, any entity or business
  364  that at any time was licensed by the board or by the former
  365  Board of Funeral and Cemetery Services or the former Board of
  366  Funeral Directors and Embalmers or that is or was otherwise
  367  involved in the death care industry, as specified by department
  368  rule.
  369         Section 7. Section 497.1411, Florida Statutes, is created
  370  to read:
  371         497.1411Disqualification of applicants and licensees;
  372  penalties against licensees; rulemaking.—
  373         (1)For purposes of this section, the term:
  374         (a)“Applicant” means an individual applying for licensure
  375  or relicensure under this chapter, or an officer, a director, a
  376  majority owner, a partner, a manager, or another person who
  377  manages or controls an entity applying for licensure or
  378  relicensure under this chapter.
  379         (b)“Felony of the first degree” or “capital felony”
  380  includes all felonies designated as such in this state at the
  381  time of the commission of the offense, as well as any offense in
  382  another jurisdiction which is substantially similar to an
  383  offense so designated in this state.
  384         (c)“Financial services business” means any financial
  385  activity regulated by the department, the Office of Insurance
  386  Regulation, or the Office of Financial Regulation.
  387         (2)An applicant who has been found guilty of, or has
  388  pleaded guilty or nolo contendere to any of the following
  389  crimes, regardless of adjudication, is permanently barred from
  390  licensure under this chapter:
  391         (a)A felony of the first degree.
  392         (b)A capital felony.
  393         (c)A felony money laundering offense.
  394         (d)A felony embezzlement.
  395         (3)An applicant who has been found guilty of, or has
  396  pleaded guilty or nolo contendere to a crime not included in
  397  subsection (2), regardless of adjudication, is subject to:
  398         (a)A 10-year disqualifying period for all felonies
  399  involving moral turpitude which are not specifically included in
  400  the permanent bar from licensure contained in subsection (2).
  401         (b)A 5-year disqualifying period for all felonies to which
  402  neither the permanent bar from licensure in subsection (2) nor
  403  the 10-year disqualifying period in paragraph (a) applies.
  404         (c)A 5-year disqualifying period for all misdemeanors
  405  directly related to the financial services business.
  406         (4)The board shall adopt rules to administer this section.
  407  The rules must provide for additional disqualifying periods due
  408  to the commitment of multiple crimes and may include other
  409  factors reasonably related to the applicant’s criminal history.
  410  The rules must provide for mitigating and aggravating factors.
  411  However, mitigation may not result in a period of
  412  disqualification of less than 5 years and may not mitigate the
  413  disqualifying periods in paragraphs (3)(b) and (c).
  414         (5)For purposes of this section, a disqualifying period
  415  begins upon the applicant’s final release from supervision or
  416  upon completion of the applicant’s criminal sentence. The
  417  department may not issue a license to an applicant unless all
  418  related fines, court costs and fees, and court-ordered
  419  restitution have been paid.
  420         (6)After the disqualifying period has expired, the burden
  421  is on the applicant to demonstrate that he or she has been
  422  rehabilitated, does not pose a risk to the public, is fit and
  423  trustworthy to engage in business regulated by this chapter, and
  424  is otherwise qualified for licensure.
  425         (7)Notwithstanding subsections (2) and (3), an applicant
  426  who has been found guilty of, or has pleaded guilty or nolo
  427  contendere to, a crime in subsection (2) or subsection (3) and
  428  who has subsequently been granted a pardon or the restoration of
  429  civil rights pursuant to chapter 940 and s. 8, Art. IV of the
  430  State Constitution, or a pardon or the restoration of civil
  431  rights under the laws of another jurisdiction with respect to a
  432  conviction in that jurisdiction, is not barred or disqualified
  433  from licensure under this chapter. However, such a pardon or
  434  restoration of civil rights does not require the department to
  435  award such license.
  436         (8)(a)The board may grant an exemption from
  437  disqualification to any person disqualified from licensure under
  438  subsection (3) if:
  439         1.The applicant has paid in full any fee, fine, fund,
  440  lien, civil judgment, restitution, or cost of prosecution
  441  imposed by the court as part of the judgment and sentence for
  442  any disqualifying offense; and
  443         2.At least 5 years have elapsed since the applicant
  444  completed or has been lawfully released from confinement,
  445  supervision, or a nonmonetary condition imposed by the court for
  446  a disqualifying offense.
  447         (b)For the board to grant an exemption under this
  448  subsection, the applicant must clearly and convincingly
  449  demonstrate that he or she would not pose a risk to persons or
  450  property if licensed under this chapter, evidence of which must
  451  include, but need not be limited to, facts and circumstances
  452  surrounding the disqualifying offense, the time that has elapsed
  453  since the offense, the nature of the offense and harm caused to
  454  the victim, the applicant’s history before and after the
  455  offense, and any other evidence or circumstances indicating that
  456  the applicant will not present a danger if licensed or
  457  certified.
  458         (c)The board has discretion whether to grant or deny an
  459  exemption under this subsection. The board’s decision is subject
  460  to chapter 120.
  461         (9)The disqualification periods provided in this section
  462  do not apply to the renewal of a license or to a new application
  463  for licensure if the applicant has an active license as of July
  464  1, 2021, and the applicable criminal history was considered by
  465  the board on the prior approval of any active license held by
  466  the applicant. This subsection does not affect any criminal
  467  history disclosure requirements of this chapter.
  468         Section 8. Subsection (9) and paragraph (c) of subsection
  469  (10) of section 497.142, Florida Statutes, are amended to read:
  470         497.142 Licensing; fingerprinting and criminal background
  471  checks.—
  472         (9) If any applicant under this chapter has been, within
  473  the 10 years preceding the application under this chapter,
  474  convicted or found guilty of, or entered a plea of nolo
  475  contendere to, regardless of adjudication, any crime in any
  476  jurisdiction, the application shall not be deemed complete until
  477  such time as the applicant provides such certified true copies
  478  of the court records evidencing the conviction, finding, or plea
  479  as required by this section or, as the licensing authority may
  480  by rule require.
  481         (10)(c) Crimes to be disclosed are:
  482         1. Any felony or misdemeanor, no matter when committed,
  483  that was directly or indirectly related to or involving any
  484  aspect of the practice or business of funeral directing,
  485  embalming, direct disposition, cremation, funeral or cemetery
  486  preneed sales, funeral establishment operations, cemetery
  487  operations, or cemetery monument or marker sales or
  488  installation.
  489         2. Any misdemeanor, no matter when committed, which was
  490  directly or indirectly related to the financial services
  491  business as defined in s. 497.1411 Any other felony not already
  492  disclosed under subparagraph 1. that was committed within the 20
  493  years immediately preceding the application under this chapter.
  494         3. Any other misdemeanor not already disclosed under
  495  subparagraph 2. which subparagraph 1. that was committed within
  496  the 5 years immediately preceding the application under this
  497  chapter.
  498         Section 9. Present subsections (2) through (5) of section
  499  497.157, Florida Statutes, are redesignated as subsections (4)
  500  through (7), respectively, new subsections (2) and (3) and
  501  subsection (8) are added to that section, and present subsection
  502  (3) of that section is amended, to read:
  503         497.157 Unlicensed practice; remedies concerning violations
  504  by unlicensed persons.—
  505         (2)A person may not be, act as, or advertise or hold
  506  himself or herself out to be a funeral director, an embalmer, or
  507  a direct disposer unless he or she is currently licensed by the
  508  department.
  509         (3)A person may not be, act as, or advertise or hold
  510  himself or herself out to be a preneed sales agent unless he or
  511  she is currently licensed by the department and appointed by a
  512  preneed main licensee for which he or she is executing preneed
  513  contracts.
  514         (5)(3) Where the department determines that an emergency
  515  exists regarding any violation of this chapter by any unlicensed
  516  person or entity, the department may issue and serve an
  517  immediate final order upon such unlicensed person or entity, in
  518  accordance with s. 120.569(2)(n). Such an immediate final order
  519  may impose such prohibitions and requirements as are reasonably
  520  necessary to protect the public health, safety, and welfare, and
  521  is shall be effective when served.
  522         (a) For the purpose of enforcing such an immediate final
  523  order, the department may file an emergency or other proceeding
  524  in the circuit courts of the state seeking enforcement of the
  525  immediate final order by injunctive or other order of the court.
  526  The court shall issue its injunction or other order enforcing
  527  the immediate final order pending administrative resolution of
  528  the matter under subsection (4) (2), unless the court determines
  529  that such action would work a manifest injustice under the
  530  circumstances. Venue for judicial actions under this paragraph
  531  must shall be, at the election of the department, in the courts
  532  of Leon County, or in a county where the respondent resides or
  533  has a place of business.
  534         (b) After serving an immediate final order to cease and
  535  desist upon any person or entity, the department shall within 10
  536  days issue and serve upon the same person or entity an
  537  administrative complaint as set forth in subsection (4) (2),
  538  except that, absent order of a court to the contrary, the
  539  immediate final order will shall be effective throughout the
  540  pendency of proceedings under subsection (4) (2).
  541         (8)Any person who is not licensed under this chapter and
  542  who engages in activity requiring licensure under this chapter
  543  commits a felony of the third degree, punishable as provided in
  544  s. 775.082, s. 775.083, or s. 775.084.
  545         Section 10. Subsection (6) of section 497.159, Florida
  546  Statutes, is amended to read:
  547         497.159 Crimes.—
  548         (6) Any person who is not licensed under this chapter who
  549  engages in activity requiring licensure under this chapter,
  550  commits a misdemeanor of the second degree, punishable as
  551  provided in s. 775.082 or s. 775.083.
  552         Section 11. Subsection (13) of section 552.081, Florida
  553  Statutes, is amended to read:
  554         552.081 Definitions.—As used in this chapter:
  555         (13) “Two-component explosives” means any two inert
  556  components that which, when mixed, become capable of detonation
  557  by a detonator a No. 6 blasting cap, and shall be classified as
  558  a Class “A” explosive when so mixed.
  559         Section 12. Present subsection (2) of section 553.7921,
  560  Florida Statutes, is redesignated as subsection (3), a new
  561  subsection (2) is added to that section, and subsection (1) of
  562  that section is amended, to read:
  563         553.7921 Fire alarm permit application to local enforcement
  564  agency.—
  565         (1) A contractor must file a Uniform Fire Alarm Permit
  566  Application as provided in subsection (3) (2) with the local
  567  enforcement agency and must receive the fire alarm permit
  568  before:
  569         (a) installing or replacing a fire alarm, if the local
  570  enforcement agency requires a plan review for the installation
  571  or replacement; or
  572         (b) Repairing an existing alarm system that was previously
  573  permitted by the local enforcement agency if the local
  574  enforcement agency requires a fire alarm permit for the repair.
  575         (2) If the local enforcement agency requires a fire alarm
  576  permit to repair an existing alarm system that was previously
  577  permitted by the local enforcement agency, a contractor may
  578  begin work after filing a Uniform Fire Alarm Permit Application
  579  as provided in subsection (3). A fire alarm repaired pursuant to
  580  this subsection may not be considered compliant until the
  581  required permit is issued and the local enforcement agency
  582  approves the repair.
  583         Section 13. Effective January 1, 2022, subsection (3) of
  584  section 626.2815, Florida Statutes, is amended to read:
  585         626.2815 Continuing education requirements.—
  586         (3) Each licensee except a title insurance agent must
  587  complete a 4-hour 5-hour update course every 2 years which is
  588  specific to the license held by the licensee. The course must be
  589  developed and offered by providers and approved by the
  590  department. The content of the course must address all lines of
  591  insurance for which examination and licensure are required and
  592  include the following subject areas: insurance law updates,
  593  ethics for insurance professionals, disciplinary trends and case
  594  studies, industry trends, premium discounts, determining
  595  suitability of products and services, and other similar
  596  insurance-related topics the department determines are relevant
  597  to legally and ethically carrying out the responsibilities of
  598  the license granted. A licensee who holds multiple insurance
  599  licenses must complete an update course that is specific to at
  600  least one of the licenses held. Except as otherwise specified,
  601  any remaining required hours of continuing education are
  602  elective and may consist of any continuing education course
  603  approved by the department under this section.
  604         (a) Except as provided in paragraphs (b), (c), (d), (e),
  605  (i), and (j), each licensee must also complete 20 19 hours of
  606  elective continuing education courses every 2 years.
  607         (b) A licensee who has been licensed for 6 or more years
  608  must also complete a minimum of 16 15 hours of elective
  609  continuing education every 2 years.
  610         (c) A licensee who has been licensed for 25 years or more
  611  and is a CLU or a CPCU or has a Bachelor of Science degree in
  612  risk management or insurance with evidence of 18 or more
  613  semester hours in insurance-related courses must also complete a
  614  minimum of 6 5 hours of elective continuing education courses
  615  every 2 years.
  616         (d) An individual who holds a license as a customer
  617  representative and who is not a licensed life or health agent
  618  must also complete a minimum of 6 5 hours of continuing
  619  education courses every 2 years.
  620         (e) An individual subject to chapter 648 must complete the
  621  4-hour 5-hour update course and a minimum of 10 9 hours of
  622  elective continuing education courses every 2 years.
  623         (f) Elective continuing education courses for public
  624  adjusters must be specifically designed for public adjusters and
  625  approved by the department. Notwithstanding this subsection,
  626  public adjusters for workers’ compensation insurance or health
  627  insurance are not required to take continuing education courses
  628  pursuant to this section.
  629         (g) Excess hours accumulated during any 2-year compliance
  630  period may be carried forward to the next compliance period.
  631         (h) An individual teaching an approved course of
  632  instruction or lecturing at any approved seminar and attending
  633  the entire course or seminar qualifies for the same number of
  634  classroom hours as would be granted to a person taking and
  635  successfully completing such course or seminar. Credit is
  636  limited to the number of hours actually taught unless a person
  637  attends the entire course or seminar. An individual who is an
  638  official of or employed by a governmental entity in this state
  639  and serves as a professor, instructor, or in another position or
  640  office, the duties and responsibilities of which are determined
  641  by the department to require monitoring and review of insurance
  642  laws or insurance regulations and practices, is exempt from this
  643  section.
  644         (i) For compliance periods beginning on or after October 1,
  645  2014, any person who holds a license as a title insurance agent
  646  must complete a minimum of 10 hours of continuing education
  647  credit every 2 years in title insurance and escrow management
  648  specific to this state and approved by the department, which
  649  must shall include at least 3 hours of continuing education on
  650  the subject matter of ethics, rules, or compliance with state
  651  and federal regulations relating specifically to title insurance
  652  and closing services.
  653         (j) For a licensee who is an active participant in an
  654  association, 2 hours of elective continuing education credit per
  655  calendar year may be approved by the department, if properly
  656  reported by the association.
  657         Section 14. Subsections (1) and (2) of section 626.371,
  658  Florida Statutes, are amended to read:
  659         626.371 Payment of fees, taxes for appointment period
  660  without appointment.—
  661         (1) All initial and renewal appointments shall be submitted
  662  to the department on a monthly basis no later than 45 days after
  663  the date of appointment and become effective on the date
  664  requested on the appointment form.
  665         (2)(a) If, upon application and qualification for an
  666  initial or renewal appointment and such investigation as the
  667  department may make, it appears to the department determines
  668  that an individual has not been properly appointed to represent
  669  an insurer or employer, that such individual who was formerly
  670  licensed or is currently licensed, but not properly appointed to
  671  represent an insurer or employer and that such individual who
  672  has been actively engaged or is currently actively engaged as
  673  such an appointee, but without being appointed as required, the
  674  department shall may, if it finds that such failure to be
  675  appointed was an inadvertent error on the part of the insurer or
  676  employer so represented, notify the insurer or employer of its
  677  finding and of the requirement to pay all fees and taxes due
  678  pursuant to paragraph (b) within 21 days.
  679         (b)The department may nevertheless issue or authorize the
  680  issuance of the appointment upon the insurer’s or employer’s
  681  timely payment to the department of as applied for but subject
  682  to the condition that, before the appointment is issued, all
  683  fees and taxes that which would have been due had the applicant
  684  been properly so appointed during such current and prior
  685  periods, including with applicable fees that would have been due
  686  pursuant to s. 624.501 for such current and prior periods of
  687  appointment, shall be paid to the department.
  688         (c)Upon proper appointment of the individual and payment
  689  of all fees and taxes due pursuant to paragraph (b), paragraph
  690  (3)(a), and s. 624.501 by the insurer or employer, the
  691  department may no longer consider the inadvertent failure to
  692  appoint to be a violation of this code.
  693         (d)If the insurer or employer does not pay the fees and
  694  taxes due pursuant to paragraph (b) within 21 days after notice
  695  by the department, the department shall suspend the insurer’s or
  696  employer’s authority to appoint licensees until all outstanding
  697  fees have been paid.
  698         Section 15. Subsection (1) of section 626.8443, Florida
  699  Statutes, is amended to read:
  700         626.8443 Duration of suspension or revocation.—
  701         (1) The department shall, in its order suspending a title
  702  insurance agent’s or agency’s license or appointment or in its
  703  order suspending the eligibility of a person to hold or apply
  704  for such license or appointment, specify the period during which
  705  the suspension is to be in effect, but such period may shall not
  706  exceed 2 years 1 year. The license, or appointment, or
  707  eligibility will shall remain suspended during the period so
  708  specified, subject, however, to any rescission or modification
  709  of the order by the department, or modification or reversal
  710  thereof by the court, prior to expiration of the suspension
  711  period. A license, appointment, or eligibility that which has
  712  been suspended may not be reinstated except upon request for
  713  such reinstatement, but the department may shall not grant such
  714  reinstatement if it finds that the circumstance or circumstances
  715  for which the license, appointment, and eligibility was
  716  suspended still exist or are likely to recur.
  717         Section 16. Paragraph (e) of subsection (1) of section
  718  626.916, Florida Statutes, is amended to read:
  719         626.916 Eligibility for export.—
  720         (1) No insurance coverage shall be eligible for export
  721  unless it meets all of the following conditions:
  722         (e) For personal residential property risks, the retail or
  723  producing agent must advise the insured in writing that coverage
  724  may be available and may be less expensive from Citizens
  725  Property Insurance Corporation. The notice must include other
  726  information that states that assessments by Citizens Property
  727  Insurance Corporation are higher and the coverage provided by
  728  Citizens Property Insurance Corporation may be less than the
  729  property’s existing coverage. If the notice is signed by the
  730  insured, it is presumed that the insured has been informed and
  731  knows that policies from Citizens Property Insurance Corporation
  732  may be less expensive, may provide less coverage, and will be
  733  accompanied by higher assessments.
  734         Section 17. Paragraph (e) is added to subsection (1) of
  735  section 626.9551, Florida Statutes, to read:
  736         626.9551 Favored agent or insurer; coercion of debtors.—
  737         (1) No person may:
  738         (e) Require, directly or indirectly, the provision of, and
  739  an insurance agent or a broker may not provide, directly or
  740  indirectly, as a condition precedent or condition subsequent to
  741  the lending of money or extension of credit to be secured by
  742  real property, the replacement cost estimator or other
  743  underwriting information that is proprietary business
  744  information, as defined in s. 624.4212(1), to the insurer
  745  underwriting the insurance policy covering such property.
  746         Section 18. Present subsections (4) through (10) of section
  747  627.715, Florida Statutes, are redesignated as subsections (5)
  748  through (11), respectively, and a new subsection (4) is added to
  749  that section, to read:
  750         627.715 Flood insurance.—An authorized insurer may issue an
  751  insurance policy, contract, or endorsement providing personal
  752  lines residential coverage for the peril of flood or excess
  753  coverage for the peril of flood on any structure or the contents
  754  of personal property contained therein, subject to this section.
  755  This section does not apply to commercial lines residential or
  756  commercial lines nonresidential coverage for the peril of flood.
  757  An insurer may issue flood insurance policies, contracts,
  758  endorsements, or excess coverage on a standard, preferred,
  759  customized, flexible, or supplemental basis.
  760         (4) A surplus lines agent may export a contract or an
  761  endorsement providing flood coverage to an eligible surplus
  762  lines insurer without making a diligent effort to seek such
  763  coverage from three or more authorized insurers under s.
  764  626.916(1)(a). If there are fewer than three admitted insurers,
  765  the number of declinations necessary to meet the diligent-effort
  766  requirement may not be fewer than the number of authorized
  767  insurers providing flood coverage.
  768         Section 19. Subsection (3) of section 633.102, Florida
  769  Statutes, is amended to read:
  770         633.102 Definitions.—As used in this chapter, the term:
  771         (3)(a) “Contractor I” means a contractor whose business
  772  includes the execution of contracts requiring the ability to lay
  773  out, fabricate, install, inspect, alter, repair, and service all
  774  types of fire protection systems, excluding preengineered
  775  systems.
  776         (b) “Contractor II” means a contractor whose business is
  777  limited to the execution of contracts requiring the ability to
  778  lay out, fabricate, install, inspect, alter, repair, and service
  779  water sprinkler systems, water spray systems, foam-water
  780  sprinkler systems, foam-water spray systems, standpipes,
  781  combination standpipes and sprinkler risers, all piping that is
  782  an integral part of the system beginning at the point of service
  783  as defined in this section, sprinkler tank heaters, air lines,
  784  thermal systems used in connection with sprinklers, and tanks
  785  and pumps connected thereto, excluding preengineered systems.
  786         (c) “Contractor III” means a contractor whose business is
  787  limited to the execution of contracts requiring the ability to
  788  fabricate, install, inspect, alter, repair, and service carbon
  789  dioxide systems, foam extinguishing systems, dry chemical
  790  systems, and Halon and other chemical systems, excluding
  791  preengineered systems.
  792         (d) “Contractor IV” means a contractor whose business is
  793  limited to the execution of contracts requiring the ability to
  794  lay out, fabricate, install, inspect, alter, repair, and service
  795  automatic fire sprinkler systems for detached one-family
  796  dwellings, detached two-family dwellings, and mobile homes,
  797  excluding preengineered systems and excluding single-family
  798  homes in cluster units, such as apartments, condominiums, and
  799  assisted living facilities or any building that is connected to
  800  other dwellings. A Contractor IV is limited to the scope of
  801  practice specified in NFPA 13D.
  802         (e) “Contractor V” means a contractor whose business is
  803  limited to the execution of contracts requiring the ability to
  804  fabricate, install, inspect, alter, repair, and service the
  805  underground piping for a fire protection system using water as
  806  the extinguishing agent beginning at the point of service as
  807  defined in this act and ending no more than 1 foot above the
  808  finished floor.
  809  
  810  The definitions in This subsection may not be construed to
  811  include engineers or architects within the defined terms and
  812  does do not limit or prohibit a licensed fire protection
  813  engineer or architect with fire protection design experience
  814  from designing any type of fire protection system. A distinction
  815  is made between system design concepts prepared by the design
  816  professional and system layout as defined in this section and
  817  typically prepared by the contractor. However, a person
  818  certified as a Contractor I or, Contractor II, or Contractor IV
  819  under this chapter may design new fire protection systems of 49
  820  or fewer sprinklers;, and may design the alteration of an
  821  existing fire sprinkler system if the alteration consists of the
  822  relocation, addition, or deletion of not more than 49 or fewer
  823  sprinklers, notwithstanding the size of the existing fire
  824  sprinkler system; or may design the alteration of an existing
  825  fire sprinkler system if the alteration consists of the
  826  relocation or deletion of 249 or fewer sprinklers,
  827  notwithstanding the size of the existing fire sprinkler system,
  828  if there is no change of occupancy, as defined in the Florida
  829  Building Code and the Florida Fire Prevention Code, of the
  830  affected areas and there is no change in the water demand as
  831  defined in NFPA 13, “Standard for the Installation of Sprinkler
  832  Systems, and if the occupancy hazard classification as defined
  833  in NFPA 13 is reduced or remains the same as a result of the
  834  alteration. Conflicts between the Florida Building Code and the
  835  Florida Fire Prevention Code shall be resolved pursuant to s.
  836  553.73(1)(d). A person certified as a Contractor I, Contractor
  837  II, or Contractor IV may design or alter a fire protection
  838  system, the scope of which complies with NFPA 13D, Standard for
  839  the Installation of Sprinkler Systems in One- and Two-Family
  840  Dwellings and Manufactured Homes, as adopted by the State Fire
  841  Marshal, notwithstanding the number of fire sprinklers.
  842  Contractor-developed plans may not be required by any local
  843  permitting authority to be sealed by a registered professional
  844  engineer.
  845         Section 20. Section 633.136, Florida Statutes, is amended
  846  to read:
  847         633.136 Fire and Emergency Incident Information Reporting
  848  Program; duties; fire reports.—
  849         (1)(a) The Fire and Emergency Incident Information
  850  Reporting Program is created within the division. The program
  851  shall:
  852         1. Establish and maintain an electronic communication
  853  system capable of transmitting fire and emergency incident
  854  information to and between fire service providers protection
  855  agencies.
  856         2. Initiate a Fire and Emergency Incident Information
  857  Reporting System that is shall be responsible for:
  858         a. Receiving fire and emergency incident information from
  859  fire service providers protection agencies.
  860         b. Preparing and disseminating annual reports to the
  861  Governor, the President of the Senate, the Speaker of the House
  862  of Representatives, fire service providers protection agencies,
  863  and, upon request, the public. Each report must shall include,
  864  but not be limited to, the information listed in the National
  865  Fire Incident Reporting System.
  866         c. Upon request, providing other states and federal
  867  agencies with fire and emergency incident data of this state.
  868         3. Adopt rules to effectively and efficiently implement,
  869  administer, manage, maintain, and use the Fire and Emergency
  870  Incident Information Reporting Program. The rules shall be
  871  considered minimum requirements and may shall not preclude a
  872  fire service provider protection agency from implementing its
  873  own requirements that which may not conflict with the rules of
  874  the division.
  875         4. By rule, establish procedures and a format for each fire
  876  service provider protection agency to voluntarily monitor its
  877  records and submit reports to the program.
  878         5. Maintain Establish an electronic information database
  879  that is accessible and searchable by fire service providers
  880  protection agencies.
  881         (b) The division shall consult with the Florida Forest
  882  Service of the Department of Agriculture and Consumer Services
  883  and the State Surgeon General of the Department of Health to
  884  coordinate data, ensure accuracy of the data, and limit
  885  duplication of efforts in data collection, analysis, and
  886  reporting.
  887         (2) The Fire and Emergency Incident Information System
  888  Technical Advisory Panel is created within the division. The
  889  panel shall advise, review, and recommend to the State Fire
  890  Marshal with respect to the requirements of this section. The
  891  membership of the panel consists shall consist of the following
  892  15 members:
  893         (a) The current 13 members of the Firefighters Employment,
  894  Standards, and Training Council as established in s. 633.402.
  895         (b) One member from the Florida Forest Service of the
  896  Department of Agriculture and Consumer Services, appointed by
  897  the director of the Florida Forest Service.
  898         (c) One member from the Department of Health, appointed by
  899  the State Surgeon General.
  900         (3) As used in For the purpose of this section, the term
  901  “fire service provider” has the same meaning as in s. 633.102
  902  “fire protection agency” shall be defined by rule by the
  903  division.
  904         Section 21. Subsection (18) of section 633.202, Florida
  905  Statutes, is amended to read:
  906         633.202 Florida Fire Prevention Code.—
  907         (18) The authority having jurisdiction shall determine the
  908  minimum radio signal strength for fire department communications
  909  in all new high-rise and existing high-rise buildings. Existing
  910  buildings are not required to comply with minimum radio strength
  911  for fire department communications and two-way radio system
  912  enhancement communications as required by the Florida Fire
  913  Prevention Code until January 1, 2023 2022. However, by January
  914  1, 2022 December 31, 2019, an existing building that is not in
  915  compliance with the requirements for minimum radio strength for
  916  fire department communications must have completed a minimum
  917  radio strength assessment apply for an appropriate permit for
  918  the required installation with the local government agency
  919  having jurisdiction and must demonstrate that the building will
  920  become compliant by January 1, 2023 2022. Existing apartment
  921  buildings are not required to comply until January 1, 2025.
  922  However, existing apartment buildings must have completed a
  923  minimum radio strength assessment are required to apply for the
  924  appropriate permit for the required communications installation
  925  by December 31, 2022.
  926         Section 22. Section 633.217, Florida Statutes, is created
  927  to read:
  928         633.217Influencing a firesafety inspector; prohibited
  929  acts.
  930         (1) A person may not influence a firesafety inspector by:
  931         (a) Threatening, coercing, tricking, or attempting to
  932  threaten, coerce, or trick the firesafety inspector into
  933  violating any provision of the Florida Fire Prevention Code, any
  934  rule adopted by the State Fire Marshal, or any provision of this
  935  chapter.
  936         (b) Offering any compensation to the firesafety inspector
  937  to induce a violation of the Florida Fire Prevention Code, any
  938  rule adopted by the State Fire Marshal, or any provision of this
  939  chapter.
  940         (2) A firesafety inspector may not knowingly and willfully
  941  accept an attempt by a person to influence the firesafety
  942  inspector into violating any provision of the Florida Fire
  943  Prevention Code, any rule adopted by the State Fire Marshal, or
  944  any provision of this chapter.
  945         Section 23. Subsection (1) of section 633.402, Florida
  946  Statutes, is amended to read:
  947         633.402 Firefighters Employment, Standards, and Training
  948  Council; organization; meetings; quorum; compensation; seal;
  949  special powers; firefighter training.—
  950         (1) There is created within the department a Firefighters
  951  Employment, Standards, and Training Council of 15 14 members.
  952         (a) The members shall be appointed as follows:
  953         1. Two fire chiefs appointed by the Florida Fire Chiefs
  954  Association.
  955         2. Two firefighters, who are not officers, appointed by the
  956  Florida Professional Firefighters Association.
  957         3. Two firefighter officers, who are not fire chiefs,
  958  appointed by the State Fire Marshal.
  959         4. One individual appointed by the Florida League of
  960  Cities.
  961         5. One individual appointed by the Florida Association of
  962  Counties.
  963         6. One individual appointed by the Florida Association of
  964  Special Districts.
  965         7. One individual appointed by the Florida Fire Marshals’
  966  and Inspectors’ Association.
  967         8. One employee of the Florida Forest Service of the
  968  Department of Agriculture and Consumer Services appointed by the
  969  director of the Florida Forest Service.
  970         9. One individual appointed by the State Fire Marshal.
  971         10. One director or instructor of a state-certified
  972  firefighting training facility appointed by the State Fire
  973  Marshal.
  974         11. One individual The remaining member, who shall be
  975  appointed by the State Fire Marshal, who may not be a member or
  976  representative of the firefighting profession or of any local
  977  government.
  978         12.One individual from the Department of Health, appointed
  979  by the Surgeon General.
  980         (b) To be eligible for appointment as a member under
  981  subparagraph (a)1., subparagraph (a)2., subparagraph (a)3.,
  982  subparagraph (a)8., or subparagraph (a)10., a person must have
  983  had at least 4 years’ experience in the firefighting profession.
  984  Members shall serve only as long as they continue to meet the
  985  criteria under which they were appointed, or unless a member has
  986  failed to appear at three consecutive and properly noticed
  987  meetings unless excused by the chair.
  988         Section 24. Subsection (1) of section 633.416, Florida
  989  Statutes, is amended to read:
  990         633.416 Firefighter employment and volunteer firefighter
  991  service; saving clause.—
  992         (1) A fire service provider may not employ an individual
  993  to:
  994         (a) Extinguish fires for the protection of life or property
  995  or to supervise individuals who perform such services unless the
  996  individual holds a current and valid Firefighter Certificate of
  997  Compliance. However, a person who is currently serving as a
  998  volunteer firefighter and holds a volunteer firefighter
  999  certificate of completion with a fire service provider, who is
 1000  then employed as a regular or permanent firefighter by such fire
 1001  service provider, may function, for a period of 1 year under the
 1002  direct supervision of an individual holding a valid Firefighter
 1003  Certificate of Compliance, in the same capacity in which he or
 1004  she acted as a volunteer firefighter, provided that he or she
 1005  has completed all training required by the volunteer
 1006  organization. Under no circumstance can this period extend
 1007  beyond 1 year either collectively or consecutively from the
 1008  start of employment to obtain a Firefighter Certificate of
 1009  Compliance; or
 1010         (b) Serve as the administrative and command head of a fire
 1011  service provider for a period in excess of 1 year unless the
 1012  individual holds a current and valid Firefighter Certificate of
 1013  Compliance or Special Certificate of Compliance.
 1014         Section 25. Section 648.30, Florida Statutes, is amended to
 1015  read:
 1016         648.30 Licensure and appointment required; prohibited acts;
 1017  penalties.—
 1018         (1) A person may not act in the capacity of a bail bond
 1019  agent or temporary bail bond agent or perform any of the
 1020  functions, duties, or powers prescribed for bail bond agents or
 1021  temporary bail bond agents under this chapter unless that person
 1022  is qualified, licensed, and appointed as provided in this
 1023  chapter.
 1024         (2) A person may not represent himself or herself to be a
 1025  bail enforcement agent, bounty hunter, or other similar title in
 1026  this state.
 1027         (3) A person, other than a certified law enforcement
 1028  officer, may not apprehend, detain, or arrest a principal on a
 1029  bond, wherever issued, unless that person is qualified,
 1030  licensed, and appointed as provided in this chapter or licensed
 1031  as a bail bond agent or bail bond enforcement agent, or holds an
 1032  equivalent license by the state where the bond was written.
 1033         (4) Any person who violates this section commits a felony
 1034  of the third degree, punishable as provided in s. 775.082, s.
 1035  775.083, or s. 775.084.
 1036         (5)Any licensee under this chapter who knowingly aids or
 1037  abets an unlicensed person in violating this section commits a
 1038  felony of the third degree, punishable as provided in s.
 1039  775.082, s. 775.083, or s. 775.084.
 1040         Section 26. Section 843.08, Florida Statutes, is amended to
 1041  read:
 1042         843.08 False personation.—A person who falsely assumes or
 1043  pretends to be a firefighter, a sheriff, an officer of the
 1044  Florida Highway Patrol, an officer of the Fish and Wildlife
 1045  Conservation Commission, an officer of the Department of
 1046  Environmental Protection, a fire or arson investigator of the
 1047  Department of Financial Services, an officer of the Department
 1048  of Financial Services, any personnel or representative of the
 1049  Division of Investigative and Forensic Services, an officer of
 1050  the Department of Corrections, a correctional probation officer,
 1051  a deputy sheriff, a state attorney or an assistant state
 1052  attorney, a statewide prosecutor or an assistant statewide
 1053  prosecutor, a state attorney investigator, a coroner, a police
 1054  officer, a lottery special agent or lottery investigator, a
 1055  beverage enforcement agent, a school guardian as described in s.
 1056  30.15(1)(k), a security officer licensed under chapter 493, any
 1057  member of the Florida Commission on Offender Review or any
 1058  administrative aide or supervisor employed by the commission,
 1059  any personnel or representative of the Department of Law
 1060  Enforcement, or a federal law enforcement officer as defined in
 1061  s. 901.1505, and takes upon himself or herself to act as such,
 1062  or to require any other person to aid or assist him or her in a
 1063  matter pertaining to the duty of any such officer, commits a
 1064  felony of the third degree, punishable as provided in s.
 1065  775.082, s. 775.083, or s. 775.084. However, a person who
 1066  falsely personates any such officer during the course of the
 1067  commission of a felony commits a felony of the second degree,
 1068  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 1069  If the commission of the felony results in the death or personal
 1070  injury of another human being, the person commits a felony of
 1071  the first degree, punishable as provided in s. 775.082, s.
 1072  775.083, or s. 775.084.
 1073         Section 27. Paragraph (f) is added to subsection (11) of
 1074  section 943.045, Florida Statutes, to read:
 1075         943.045 Definitions; ss. 943.045-943.08.—The following
 1076  words and phrases as used in ss. 943.045-943.08 shall have the
 1077  following meanings:
 1078         (11) “Criminal justice agency” means:
 1079         (f)The investigations component of the Department of
 1080  Financial Services which investigates the crimes of fraud and
 1081  official misconduct in all public assistance given to residents
 1082  of this state or provided to others by the state.
 1083         Section 28. For the purpose of incorporating the amendment
 1084  made by this act to section 497.142, Florida Statutes, in a
 1085  reference thereto, paragraph (a) of subsection (5) of section
 1086  497.141, Florida Statutes, is reenacted to read:
 1087         497.141 Licensing; general application procedures.—
 1088         (5)(a) The licensing authority may not issue, and effective
 1089  July 1, 2011, may not renew, a license under this chapter to an
 1090  applicant that has a criminal record required to be disclosed
 1091  under s. 497.142(10) unless the applicant demonstrates that
 1092  issuance of the license, according to rules adopted by the
 1093  licensing authority, does not create a danger to the public. A
 1094  licensee who previously disclosed her or his criminal record
 1095  upon initial application or renewal of her or his license must
 1096  disclose only a criminal offense for which the licensee was
 1097  convicted or entered a plea of guilty or nolo contendere since
 1098  the most recent renewal of her or his license or, if the license
 1099  has not been renewed, since the licensee’s initial application.
 1100         Section 29. Except as otherwise expressly provided in this
 1101  act and except for this section, which shall take effect upon
 1102  this act becoming a law, this act shall take effect July 1,
 1103  2021.