Florida Senate - 2021                             CS for SB 1408
       
       
        
       By the Committee on Banking and Insurance; and Senator Burgess
       
       
       
       
       
       597-02693-21                                          20211408c1
    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; amending s. 497.101, F.S.; revising
   24         provisions relating to membership of the Board of
   25         Funeral, Cemetery, and Consumer Services within the
   26         Department of Financial Services; authorizing use of
   27         communications media technology for board member
   28         participation and determination of a quorum of the
   29         board; defining the term “communications media
   30         technology”; deleting a requirement for the department
   31         to adopt certain rules; making technical changes;
   32         creating s. 497.1411, F.S.; defining terms; providing
   33         for permanent disqualification of applicants for
   34         licensure under ch. 497, F.S., for certain offenses;
   35         providing for disqualifying periods for applicants for
   36         certain offenses; requiring the board to adopt rules;
   37         providing for calculation of disqualifying periods;
   38         providing conditions for licensure after completion of
   39         a disqualifying period; specifying the effect of a
   40         pardon or restoration of civil rights; providing for
   41         exemptions from disqualification if certain conditions
   42         are met; requiring an applicant for an exemption to
   43         provide certain evidence that he or she will not
   44         present a danger if licensed; granting the board the
   45         discretion to approve or deny an exemption; providing
   46         applicability; providing construction; amending s.
   47         497.142, F.S.; revising criminal history disclosure
   48         requirements for applicants seeking licensure under
   49         ch. 497, F.S.; amending s. 497.157, F.S.; prohibiting
   50         persons from acting as or advertising themselves as
   51         being funeral directors, embalmers, direct disposers,
   52         or preneed sales agents unless they are so licensed;
   53         prohibiting persons from engaging in certain
   54         activities requiring licensure without holding
   55         required licenses; revising the criminal penalty for
   56         unlicensed activity; making technical changes;
   57         amending s. 497.159, F.S.; conforming a provision to
   58         changes made by the act; amending s. 552.081, F.S.;
   59         revising the definition of the term “two-component
   60         explosives” for the purpose of regulation by the
   61         Division of State Fire Marshal; amending s. 553.7921,
   62         F.S.; authorizing a contractor repairing certain
   63         existing fire alarm systems to begin work after filing
   64         an application for a required permit but before
   65         receiving the permit; providing construction; amending
   66         s. 626.2815, F.S.; revising continuing education
   67         requirements for certain persons licensed to solicit,
   68         sell, or adjust insurance; amending s. 626.371, F.S.;
   69         requiring submission of renewal appointments of
   70         certain insurance representatives within a certain
   71         timeframe; requiring the department to notify certain
   72         insurers or employers regarding inadvertent failures
   73         to appoint; requiring insurers and employers to pay
   74         certain fees and taxes within a certain timeframe;
   75         authorizing the department to issue appointments under
   76         certain circumstances; prohibiting the department from
   77         considering inadvertent failures to appoint to be
   78         violations under certain circumstances; requiring the
   79         department to suspend an insurer’s or employer’s
   80         authority to appoint licensees under certain
   81         circumstances; amending s. 626.8443, F.S.; increasing
   82         the maximum period of suspension of a title insurance
   83         agent’s or agency’s license; making technical changes;
   84         amending s. 626.916, F.S.; deleting a requirement for
   85         agents to advise insureds that certain coverage may be
   86         available for personal residential property risks to
   87         be eligible for export under the Surplus Lines Law;
   88         amending s. 626.9551, F.S.; prohibiting a person from
   89         requiring an insurance agent or agency to provide
   90         replacement cost estimators or certain other
   91         proprietary business information under certain
   92         circumstances; prohibiting an insurance agent or
   93         agency from providing replacement cost estimators or
   94         certain other proprietary business information without
   95         written authorization; amending s. 627.715, F.S.;
   96         providing an exemption from a diligent effort
   97         requirement for agents exporting contracts or
   98         endorsements providing flood coverage; amending s.
   99         633.136, F.S.; replacing fire protection agencies in
  100         the Fire and Emergency Incident Information Reporting
  101         Program with fire service providers; revising the
  102         composition of the Fire and Emergency Incident
  103         Information System Technical Advisory Panel; defining
  104         the term “fire service provider”; amending s. 633.202,
  105         F.S.; extending a deadline for certain buildings to
  106         comply with a minimum radio signal strength
  107         requirement under the Florida Fire Prevention Code;
  108         requiring such buildings to meet certain conditions by
  109         a specified date; revising a condition that existing
  110         apartment buildings must meet by a specified date;
  111         making technical changes; creating s. 633.217, F.S.;
  112         prohibiting certain acts to influence a firesafety
  113         inspector to violate certain laws; prohibiting a
  114         firesafety inspector from knowingly and intentionally
  115         requesting, soliciting, accepting, or agreeing to
  116         accept certain compensation; amending s. 633.402,
  117         F.S.; revising the composition of the Firefighters
  118         Employment, Standards, and Training Council; amending
  119         s. 633.416, F.S.; providing that certain persons
  120         serving as volunteer firefighters may serve as a
  121         regular or permanent firefighter for a limited period,
  122         subject to certain restrictions; amending s. 648.30,
  123         F.S.; prohibiting the aiding or abetting of unlicensed
  124         activity of a bail bond agent or temporary bail bond
  125         agent; providing criminal penalties; amending s.
  126         843.08, F.S.; prohibiting false personation of
  127         personnel or representatives of the Division of
  128         Investigative and Forensic Services; amending s.
  129         943.045, F.S.; revising the definition of the term
  130         “criminal justice agency” to include the
  131         investigations component of the department which
  132         investigates certain crimes; reenacting s.
  133         497.141(5)(a), F.S., relating to licensing and general
  134         application procedures, to incorporate the amendment
  135         made to s. 497.142, F.S., in a reference thereto;
  136         providing effective dates.
  137          
  138  Be It Enacted by the Legislature of the State of Florida:
  139  
  140         Section 1. Paragraph (f) of subsection (2) of section
  141  20.121, Florida Statutes, is amended to read:
  142         20.121 Department of Financial Services.—There is created a
  143  Department of Financial Services.
  144         (2) DIVISIONS.—The Department of Financial Services shall
  145  consist of the following divisions and office:
  146         (f) The Division of Public Assistance Fraud, which shall
  147  function as a criminal justice agency for purposes of ss.
  148  943.045-943.08. The division shall conduct investigations
  149  pursuant to s. 414.411 within or outside of this state as it
  150  deems necessary. If, during an investigation, the division has
  151  reason to believe that any criminal law of this state has or may
  152  have been violated, it shall refer any records supporting such
  153  violation to state or federal law enforcement or prosecutorial
  154  agencies and shall provide investigative assistance to those
  155  agencies as required.
  156         Section 2. Section 284.30, Florida Statutes, is amended to
  157  read:
  158         284.30 State Risk Management Trust Fund; coverages to be
  159  provided.—A state self-insurance fund, designated as the “State
  160  Risk Management Trust Fund,” is created to be set up by the
  161  Department of Financial Services and administered with a program
  162  of risk management, which fund is to provide insurance, as
  163  authorized by s. 284.33, for workers’ compensation, general
  164  liability, fleet automotive liability, federal civil rights
  165  actions under 42 U.S.C. s. 1983 or similar federal statutes,
  166  benefits payable under s. 112.1816(2), and court-awarded
  167  attorney attorney’s fees in other proceedings against the state
  168  except for such awards in eminent domain or for inverse
  169  condemnation or for awards by the Public Employees Relations
  170  Commission. A party to a suit in any court, to be entitled to
  171  have his or her attorney attorney’s fees paid by the state or
  172  any of its agencies, must serve a copy of the pleading claiming
  173  the fees on the Department of Financial Services; and thereafter
  174  the department shall be entitled to participate with the agency
  175  in the defense of the suit and any appeal thereof with respect
  176  to such fees.
  177         Section 3. Section 284.31, Florida Statutes, is amended to
  178  read:
  179         284.31 Scope and types of coverages; separate accounts.—The
  180  Insurance Risk Management Trust Fund must shall, unless
  181  specifically excluded by the Department of Financial Services,
  182  cover all departments of the State of Florida and their
  183  employees, agents, and volunteers and must shall provide
  184  separate accounts for workers’ compensation, general liability,
  185  fleet automotive liability, federal civil rights actions under
  186  42 U.S.C. s. 1983 or similar federal statutes, benefits payable
  187  to an employee of a state agency under s. 112.1816(2), and
  188  court-awarded attorney attorney’s fees in other proceedings
  189  against the state except for such awards in eminent domain or
  190  for inverse condemnation or for awards by the Public Employees
  191  Relations Commission. Unless specifically excluded by the
  192  Department of Financial Services, the Insurance Risk Management
  193  Trust Fund must shall provide fleet automotive liability
  194  coverage to motor vehicles titled to the state, or to any
  195  department of the state, when such motor vehicles are used by
  196  community transportation coordinators performing, under contract
  197  to the appropriate department of the state, services for the
  198  transportation disadvantaged under part I of chapter 427. Such
  199  fleet automotive liability coverage is shall be primary and is
  200  shall be subject to the provisions of s. 768.28 and parts II and
  201  III of chapter 284, and applicable rules adopted thereunder, and
  202  the terms and conditions of the certificate of coverage issued
  203  by the Department of Financial Services.
  204         Section 4. Section 284.385, Florida Statutes, is amended to
  205  read:
  206         284.385 Reporting and handling of claims.—
  207         (1) All departments covered by the State Risk Management
  208  Trust Fund under this part shall immediately report all known or
  209  potential claims to the Department of Financial Services for
  210  handling, except employment complaints that which have not been
  211  filed with the Florida Human Relations Commission, Equal
  212  Employment Opportunity Commission, or any similar agency. When
  213  deemed necessary, the Department of Financial Services shall
  214  assign or reassign the claim to counsel. The assigned counsel
  215  shall report regularly to the Department of Financial Services
  216  or to the covered department on the status of any such claims or
  217  litigation as required by the Department of Financial Services.
  218  No Such claims may not claim shall be compromised or settled for
  219  monetary compensation without the prior approval of the
  220  Department of Financial Services and prior notification to the
  221  covered department. All departments shall cooperate with the
  222  Department of Financial Services in its handling of claims. The
  223  Department of Financial Services and the Department of
  224  Management Services, with the cooperation of the state attorneys
  225  and the clerks of the courts, shall develop a system to
  226  coordinate the exchange of information concerning claims for and
  227  against the state, its agencies, and its subdivisions, to assist
  228  in collection of amounts due to them. The covered department is
  229  responsible shall have the responsibility for the settlement of
  230  any claim for injunctive or affirmative relief under 42 U.S.C.
  231  s. 1983 or similar federal or state statutes. The payment of a
  232  settlement or judgment for any claim covered and reported under
  233  this part may shall be made only from the State Risk Management
  234  Trust Fund.
  235         (2)Benefits provided under s. 112.1816(2) may not be paid
  236  from the fund until each request for any out-of-pocket
  237  deductible, copayment, or coinsurance costs and one-time cash
  238  payout has been validated and approved by the Department of
  239  Management Services.
  240         Section 5. Section 284.45, Florida Statutes, is created to
  241  read:
  242         284.45 Sexual harassment victims.—
  243         (1)An individual working for an entity covered by the
  244  State Risk Management Trust Fund may not engage in retaliatory
  245  conduct of any kind against a sexual harassment victim. As used
  246  in this section, the term “sexual harassment victim” means an
  247  individual employed, or being considered for employment, with an
  248  entity participating in the State Risk Management Trust Fund who
  249  becomes a victim of workplace sexual harassment through the
  250  course of employment, or while being considered for employment,
  251  with the entity.
  252         (2)The willful and knowing dissemination of personal
  253  identifying information of a sexual harassment victim, which is
  254  confidential and exempt pursuant to s. 119.071(2)(n), to any
  255  party other than a governmental entity in furtherance of its
  256  official duties or pursuant to a court order is a misdemeanor of
  257  the first degree, punishable as provided in s. 775.082.
  258         Section 6. Subsections (1), (2), (3), (6), and (8) of
  259  section 497.101, Florida Statutes, are amended to read:
  260         497.101 Board of Funeral, Cemetery, and Consumer Services;
  261  membership; appointment; terms.—
  262         (1) The Board of Funeral, Cemetery, and Consumer Services
  263  is created within the Department of Financial Services and shall
  264  consist of 10 members, 9 of whom shall be appointed by the
  265  Governor from nominations made by the Chief Financial Officer
  266  and confirmed by the Senate. The Chief Financial Officer shall
  267  nominate one to three persons for each of the nine vacancies on
  268  the board, and the Governor shall fill each vacancy on the board
  269  by appointing one of the three persons nominated by the Chief
  270  Financial Officer to fill that vacancy. If the Governor objects
  271  to each of the three nominations for a vacancy, she or he shall
  272  inform the Chief Financial Officer in writing. Upon notification
  273  of an objection by the Governor, the Chief Financial Officer
  274  shall submit one to three additional nominations for that
  275  vacancy until the vacancy is filled. One member must be the
  276  State Health Officer or her or his designee.
  277         (2) Two members of the board must shall be funeral
  278  directors licensed under part III of this chapter who are
  279  associated with a funeral establishment. One member of the board
  280  must shall be a funeral director licensed under part III of this
  281  chapter who is associated with a funeral establishment licensed
  282  under part III of this chapter which that has a valid preneed
  283  license issued pursuant to this chapter and who owns or operates
  284  a cinerator facility approved under chapter 403 and licensed
  285  under part VI of this chapter. Two members of the board must
  286  shall be persons whose primary occupation is associated with a
  287  cemetery company licensed pursuant to this chapter. Two Three
  288  members of the board must shall be consumers who are residents
  289  of this the state, have never been licensed as funeral directors
  290  or embalmers, are not connected with a cemetery or cemetery
  291  company licensed pursuant to this chapter, and are not connected
  292  with the death care industry or the practice of embalming,
  293  funeral directing, or direct disposition. One of the two
  294  consumer members must shall be at least 60 years of age, and one
  295  shall be licensed as a certified public accountant under chapter
  296  473. One member of the board must be a consumer who is a
  297  resident of this state; is licensed as a certified public
  298  accountant under chapter 473; has never been licensed as a
  299  funeral director or an embalmer; is not a principal or an
  300  employee of any licensee licensed under this chapter; and does
  301  not otherwise have control, as defined in s. 497.005, over any
  302  licensee licensed under this chapter. One member of the board
  303  must shall be a principal of a monument establishment licensed
  304  under this chapter as a monument builder. One member must shall
  305  be the State Health Officer or her or his designee. There may
  306  shall not be two or more board members who are principals or
  307  employees of the same company or partnership or group of
  308  companies or partnerships under common control.
  309         (3) Board members shall be appointed for terms of 4 years,
  310  and the State Health Officer shall serve as long as that person
  311  holds that office. The designee of the State Health Officer
  312  shall serve at the pleasure of the Governor. When the terms of
  313  the initial board members expire, the Chief Financial Officer
  314  shall stagger the terms of the successor members as follows: one
  315  funeral director, one cemetery representative, the monument
  316  builder, and one consumer member shall be appointed for terms of
  317  2 years, and the remaining members shall be appointed for terms
  318  of 4 years. All subsequent terms shall be for 4 years.
  319         (6) The board shall maintain its headquarters and records
  320  of the board shall be in the Division of Funeral, Cemetery, and
  321  Consumer Services of the Department of Financial Services in the
  322  City of Tallahassee. The board may be contacted through the
  323  Division of Funeral, Cemetery, and Consumer Services of the
  324  Department of Financial Services in the City of Tallahassee. The
  325  Chief Financial Officer shall annually appoint from among the
  326  board members a chair and vice chair of the board. The board
  327  shall meet at least every 6 months, and more often as necessary.
  328  Special meetings of the board shall be convened upon the
  329  direction of the Chief Financial Officer. A quorum is necessary
  330  for the conduct of business by the board. The participation by a
  331  board member in a meeting conducted through communications media
  332  technology constitutes that individual’s presence at such
  333  meeting. Board members appearing at a board meeting in person as
  334  well as board members appearing through the use of
  335  communications media technology shall be counted for the
  336  determination of a quorum. As used in this subsection,
  337  “communications media technology” means the electronic
  338  transmission of printed matter, audio, full-motion video,
  339  freeze-frame video, compressed video, and digital video by any
  340  method available. Unless otherwise provided by law, a majority
  341  of the board members eligible to vote constitutes a quorum for
  342  the purpose of conducting its business six board members shall
  343  constitute a quorum for the conduct of the board’s business.
  344         (8)The department shall adopt rules establishing forms by
  345  which persons may apply for membership on the board and
  346  procedures for applying for such membership. Such forms shall
  347  require disclosure of the existence and nature of all current
  348  and past employments by or contracts with, and direct or
  349  indirect affiliations or interests in, any entity or business
  350  that at any time was licensed by the board or by the former
  351  Board of Funeral and Cemetery Services or the former Board of
  352  Funeral Directors and Embalmers or that is or was otherwise
  353  involved in the death care industry, as specified by department
  354  rule.
  355         Section 7. Section 497.1411, Florida Statutes, is created
  356  to read:
  357         497.1411Disqualification of applicants and licensees;
  358  penalties against licensees; rulemaking.—
  359         (1)For purposes of this section, the term:
  360         (a)“Applicant” means an individual applying for licensure
  361  or relicensure under this chapter, or an officer, a director, a
  362  majority owner, a partner, a manager, or another person who
  363  manages or controls an entity applying for licensure or
  364  relicensure under this chapter.
  365         (b)“Felony of the first degree” or “capital felony”
  366  includes all felonies designated as such in this state at the
  367  time of the commission of the offense, as well as any offense in
  368  another jurisdiction which is substantially similar to an
  369  offense so designated in this state.
  370         (c)“Financial services business” means any financial
  371  activity regulated by the department, the Office of Insurance
  372  Regulation, or the Office of Financial Regulation.
  373         (2)An applicant who has been found guilty of, or has
  374  pleaded guilty or nolo contendere to any of the following
  375  crimes, regardless of adjudication, is permanently barred from
  376  licensure under this chapter:
  377         (a)A felony of the first degree.
  378         (b)A capital felony.
  379         (c)A felony money laundering offense.
  380         (d)A felony embezzlement.
  381         (3)An applicant who has been found guilty of, or has
  382  pleaded guilty or nolo contendere to a crime not included in
  383  subsection (2), regardless of adjudication, is subject to:
  384         (a)A 10-year disqualifying period for all felonies
  385  involving moral turpitude which are not specifically included in
  386  the permanent bar from licensure contained in subsection (2).
  387         (b)A 5-year disqualifying period for all felonies to which
  388  neither the permanent bar from licensure in subsection (2) nor
  389  the 10-year disqualifying period in paragraph (a) applies.
  390         (c)A 5-year disqualifying period for all misdemeanors
  391  directly related to the financial services business.
  392         (4)The board shall adopt rules to administer this section.
  393  The rules must provide for additional disqualifying periods due
  394  to the commitment of multiple crimes and may include other
  395  factors reasonably related to the applicant’s criminal history.
  396  The rules must provide for mitigating and aggravating factors.
  397  However, mitigation may not result in a period of
  398  disqualification of less than 5 years and may not mitigate the
  399  disqualifying periods in paragraphs (3)(b) and (c).
  400         (5)For purposes of this section, a disqualifying period
  401  begins upon the applicant’s final release from supervision or
  402  upon completion of the applicant’s criminal sentence. The
  403  department may not issue a license to an applicant unless all
  404  related fines, court costs and fees, and court-ordered
  405  restitution have been paid.
  406         (6)After the disqualifying period has expired, the burden
  407  is on the applicant to demonstrate that he or she has been
  408  rehabilitated, does not pose a risk to the public, is fit and
  409  trustworthy to engage in business regulated by this chapter, and
  410  is otherwise qualified for licensure.
  411         (7)Notwithstanding subsections (2) and (3), an applicant
  412  who has been found guilty of, or has pleaded guilty or nolo
  413  contendere to, a crime in subsection (2) or subsection (3) and
  414  who has subsequently been granted a pardon or the restoration of
  415  civil rights pursuant to chapter 940 and s. 8, Art. IV of the
  416  State Constitution, or a pardon or the restoration of civil
  417  rights under the laws of another jurisdiction with respect to a
  418  conviction in that jurisdiction, is not barred or disqualified
  419  from licensure under this chapter. However, such a pardon or
  420  restoration of civil rights does not require the department to
  421  award such license.
  422         (8)(a)The board may grant an exemption from
  423  disqualification to any person disqualified from licensure under
  424  subsection (3) if:
  425         1.The applicant has paid in full any fee, fine, fund,
  426  lien, civil judgment, restitution, or cost of prosecution
  427  imposed by the court as part of the judgment and sentence for
  428  any disqualifying offense; and
  429         2.At least 5 years have elapsed since the applicant
  430  completed or has been lawfully released from confinement,
  431  supervision, or a nonmonetary condition imposed by the court for
  432  a disqualifying offense.
  433         (b)For the board to grant an exemption under this
  434  subsection, the applicant must clearly and convincingly
  435  demonstrate that he or she would not pose a risk to persons or
  436  property if licensed under this chapter, evidence of which must
  437  include, but need not be limited to, facts and circumstances
  438  surrounding the disqualifying offense, the time that has elapsed
  439  since the offense, the nature of the offense and harm caused to
  440  the victim, the applicant’s history before and after the
  441  offense, and any other evidence or circumstances indicating that
  442  the applicant will not present a danger if licensed or
  443  certified.
  444         (c)The board has discretion whether to grant or deny an
  445  exemption under this subsection. The board’s decision is subject
  446  to chapter 120.
  447         (9)The disqualification periods provided in this section
  448  do not apply to the renewal of a license or to a new application
  449  for licensure if the applicant has an active license as of July
  450  1, 2021, and the applicable criminal history was considered by
  451  the board on the prior approval of any active license held by
  452  the applicant. This subsection does not affect any criminal
  453  history disclosure requirements of this chapter.
  454         Section 8. Subsection (9) and paragraph (c) of subsection
  455  (10) of section 497.142, Florida Statutes, are amended to read:
  456         497.142 Licensing; fingerprinting and criminal background
  457  checks.—
  458         (9) If any applicant under this chapter has been, within
  459  the 10 years preceding the application under this chapter,
  460  convicted or found guilty of, or entered a plea of nolo
  461  contendere to, regardless of adjudication, any crime in any
  462  jurisdiction, the application shall not be deemed complete until
  463  such time as the applicant provides such certified true copies
  464  of the court records evidencing the conviction, finding, or plea
  465  as required by this section or, as the licensing authority may
  466  by rule require.
  467         (10)(c) Crimes to be disclosed are:
  468         1. Any felony or misdemeanor, no matter when committed,
  469  that was directly or indirectly related to or involving any
  470  aspect of the practice or business of funeral directing,
  471  embalming, direct disposition, cremation, funeral or cemetery
  472  preneed sales, funeral establishment operations, cemetery
  473  operations, or cemetery monument or marker sales or
  474  installation.
  475         2. Any misdemeanor, no matter when committed, which was
  476  directly or indirectly related to the financial services
  477  business as defined in s. 497.1411 Any other felony not already
  478  disclosed under subparagraph 1. that was committed within the 20
  479  years immediately preceding the application under this chapter.
  480         3. Any other misdemeanor not already disclosed under
  481  subparagraph 2. which subparagraph 1. that was committed within
  482  the 5 years immediately preceding the application under this
  483  chapter.
  484         Section 9. Present subsections (2) through (5) of section
  485  497.157, Florida Statutes, are redesignated as subsections (4)
  486  through (7), respectively, new subsections (2) and (3) and
  487  subsection (8) are added to that section, and present subsection
  488  (3) of that section is amended, to read:
  489         497.157 Unlicensed practice; remedies concerning violations
  490  by unlicensed persons.—
  491         (2)A person may not be, act as, or advertise or hold
  492  himself or herself out to be a funeral director, an embalmer, or
  493  a direct disposer unless he or she is currently licensed by the
  494  department.
  495         (3)A person may not be, act as, or advertise or hold
  496  himself or herself out to be a preneed sales agent unless he or
  497  she is currently licensed by the department and appointed by a
  498  preneed main licensee for which he or she is executing preneed
  499  contracts.
  500         (5)(3) Where the department determines that an emergency
  501  exists regarding any violation of this chapter by any unlicensed
  502  person or entity, the department may issue and serve an
  503  immediate final order upon such unlicensed person or entity, in
  504  accordance with s. 120.569(2)(n). Such an immediate final order
  505  may impose such prohibitions and requirements as are reasonably
  506  necessary to protect the public health, safety, and welfare, and
  507  is shall be effective when served.
  508         (a) For the purpose of enforcing such an immediate final
  509  order, the department may file an emergency or other proceeding
  510  in the circuit courts of the state seeking enforcement of the
  511  immediate final order by injunctive or other order of the court.
  512  The court shall issue its injunction or other order enforcing
  513  the immediate final order pending administrative resolution of
  514  the matter under subsection (4) (2), unless the court determines
  515  that such action would work a manifest injustice under the
  516  circumstances. Venue for judicial actions under this paragraph
  517  must shall be, at the election of the department, in the courts
  518  of Leon County, or in a county where the respondent resides or
  519  has a place of business.
  520         (b) After serving an immediate final order to cease and
  521  desist upon any person or entity, the department shall within 10
  522  days issue and serve upon the same person or entity an
  523  administrative complaint as set forth in subsection (4) (2),
  524  except that, absent order of a court to the contrary, the
  525  immediate final order will shall be effective throughout the
  526  pendency of proceedings under subsection (4) (2).
  527         (8)Any person who is not licensed under this chapter and
  528  who engages in activity requiring licensure under this chapter
  529  commits a felony of the third degree, punishable as provided in
  530  s. 775.082, s. 775.083, or s. 775.084.
  531         Section 10. Subsection (6) of section 497.159, Florida
  532  Statutes, is amended to read:
  533         497.159 Crimes.—
  534         (6) Any person who is not licensed under this chapter who
  535  engages in activity requiring licensure under this chapter,
  536  commits a misdemeanor of the second degree, punishable as
  537  provided in s. 775.082 or s. 775.083.
  538         Section 11. Subsection (13) of section 552.081, Florida
  539  Statutes, is amended to read:
  540         552.081 Definitions.—As used in this chapter:
  541         (13) “Two-component explosives” means any two inert
  542  components that which, when mixed, become capable of detonation
  543  by a detonator a No. 6 blasting cap, and shall be classified as
  544  a Class “A” explosive when so mixed.
  545         Section 12. Present subsection (2) of section 553.7921,
  546  Florida Statutes, is redesignated as subsection (3), a new
  547  subsection (2) is added to that section, and subsection (1) of
  548  that section is amended, to read:
  549         553.7921 Fire alarm permit application to local enforcement
  550  agency.—
  551         (1) A contractor must file a Uniform Fire Alarm Permit
  552  Application as provided in subsection (3) (2) with the local
  553  enforcement agency and must receive the fire alarm permit
  554  before:
  555         (a) installing or replacing a fire alarm, if the local
  556  enforcement agency requires a plan review for the installation
  557  or replacement; or
  558         (b) Repairing an existing alarm system that was previously
  559  permitted by the local enforcement agency if the local
  560  enforcement agency requires a fire alarm permit for the repair.
  561         (2) If the local enforcement agency requires a fire alarm
  562  permit to repair an existing alarm system that was previously
  563  permitted by the local enforcement agency, a contractor may
  564  begin work after filing a Uniform Fire Alarm Permit Application
  565  as provided in subsection (3). A fire alarm repaired pursuant to
  566  this subsection may not be considered compliant until the
  567  required permit is issued and the local enforcement agency
  568  approves the repair.
  569         Section 13. Effective January 1, 2022, subsection (3) of
  570  section 626.2815, Florida Statutes, is amended to read:
  571         626.2815 Continuing education requirements.—
  572         (3) Each licensee except a title insurance agent must
  573  complete a 4-hour 5-hour update course every 2 years which is
  574  specific to the license held by the licensee. The course must be
  575  developed and offered by providers and approved by the
  576  department. The content of the course must address all lines of
  577  insurance for which examination and licensure are required and
  578  include the following subject areas: insurance law updates,
  579  ethics for insurance professionals, disciplinary trends and case
  580  studies, industry trends, premium discounts, determining
  581  suitability of products and services, and other similar
  582  insurance-related topics the department determines are relevant
  583  to legally and ethically carrying out the responsibilities of
  584  the license granted. A licensee who holds multiple insurance
  585  licenses must complete an update course that is specific to at
  586  least one of the licenses held. Except as otherwise specified,
  587  any remaining required hours of continuing education are
  588  elective and may consist of any continuing education course
  589  approved by the department under this section.
  590         (a) Except as provided in paragraphs (b), (c), (d), (e),
  591  (i), and (j), each licensee must also complete 20 19 hours of
  592  elective continuing education courses every 2 years.
  593         (b) A licensee who has been licensed for 6 or more years
  594  must also complete a minimum of 16 15 hours of elective
  595  continuing education every 2 years.
  596         (c) A licensee who has been licensed for 25 years or more
  597  and is a CLU or a CPCU or has a Bachelor of Science degree in
  598  risk management or insurance with evidence of 18 or more
  599  semester hours in insurance-related courses must also complete a
  600  minimum of 6 5 hours of elective continuing education courses
  601  every 2 years.
  602         (d) An individual who holds a license as a customer
  603  representative and who is not a licensed life or health agent
  604  must also complete a minimum of 6 5 hours of continuing
  605  education courses every 2 years.
  606         (e) An individual subject to chapter 648 must complete the
  607  4-hour 5-hour update course and a minimum of 10 9 hours of
  608  elective continuing education courses every 2 years.
  609         (f) Elective continuing education courses for public
  610  adjusters must be specifically designed for public adjusters and
  611  approved by the department. Notwithstanding this subsection,
  612  public adjusters for workers’ compensation insurance or health
  613  insurance are not required to take continuing education courses
  614  pursuant to this section.
  615         (g) Excess hours accumulated during any 2-year compliance
  616  period may be carried forward to the next compliance period.
  617         (h) An individual teaching an approved course of
  618  instruction or lecturing at any approved seminar and attending
  619  the entire course or seminar qualifies for the same number of
  620  classroom hours as would be granted to a person taking and
  621  successfully completing such course or seminar. Credit is
  622  limited to the number of hours actually taught unless a person
  623  attends the entire course or seminar. An individual who is an
  624  official of or employed by a governmental entity in this state
  625  and serves as a professor, instructor, or in another position or
  626  office, the duties and responsibilities of which are determined
  627  by the department to require monitoring and review of insurance
  628  laws or insurance regulations and practices, is exempt from this
  629  section.
  630         (i) For compliance periods beginning on or after October 1,
  631  2014, any person who holds a license as a title insurance agent
  632  must complete a minimum of 10 hours of continuing education
  633  credit every 2 years in title insurance and escrow management
  634  specific to this state and approved by the department, which
  635  must shall include at least 3 hours of continuing education on
  636  the subject matter of ethics, rules, or compliance with state
  637  and federal regulations relating specifically to title insurance
  638  and closing services.
  639         (j) For a licensee who is an active participant in an
  640  association, 2 hours of elective continuing education credit per
  641  calendar year may be approved by the department, if properly
  642  reported by the association.
  643         Section 14. Subsections (1) and (2) of section 626.371,
  644  Florida Statutes, are amended to read:
  645         626.371 Payment of fees, taxes for appointment period
  646  without appointment.—
  647         (1) All initial and renewal appointments shall be submitted
  648  to the department on a monthly basis no later than 45 days after
  649  the date of appointment and become effective on the date
  650  requested on the appointment form.
  651         (2)(a) If, upon application and qualification for an
  652  initial or renewal appointment and such investigation as the
  653  department may make, it appears to the department determines
  654  that an individual has not been properly appointed to represent
  655  an insurer or employer, that such individual who was formerly
  656  licensed or is currently licensed, but not properly appointed to
  657  represent an insurer or employer and that such individual who
  658  has been actively engaged or is currently actively engaged as
  659  such an appointee, but without being appointed as required, the
  660  department shall may, if it finds that such failure to be
  661  appointed was an inadvertent error on the part of the insurer or
  662  employer so represented, notify the insurer or employer of its
  663  finding and of the requirement to pay all fees and taxes due
  664  pursuant to paragraph (b) within 21 days.
  665         (b)The department may nevertheless issue or authorize the
  666  issuance of the appointment upon the insurer’s or employer’s
  667  timely payment to the department of as applied for but subject
  668  to the condition that, before the appointment is issued, all
  669  fees and taxes that which would have been due had the applicant
  670  been properly so appointed during such current and prior
  671  periods, including with applicable fees and taxes that would
  672  have been due pursuant to s. 624.501 for such current and prior
  673  periods of appointment, shall be paid to the department.
  674         (c)Upon proper appointment of the individual and payment
  675  of all fees and taxes due pursuant to paragraph (b), paragraph
  676  (3)(a), and s. 624.501 by the insurer or employer, the
  677  department may no longer consider the inadvertent failure to
  678  appoint to be a violation of this code.
  679         (d)If the insurer or employer does not pay the fees and
  680  taxes due pursuant to paragraph (b) within 21 days after notice
  681  by the department, the department shall suspend the insurer’s or
  682  employer’s authority to appoint licensees until all outstanding
  683  fees and taxes have been paid.
  684         Section 15. Subsection (1) of section 626.8443, Florida
  685  Statutes, is amended to read:
  686         626.8443 Duration of suspension or revocation.—
  687         (1) The department shall, in its order suspending a title
  688  insurance agent’s or agency’s license or appointment or in its
  689  order suspending the eligibility of a person to hold or apply
  690  for such license or appointment, specify the period during which
  691  the suspension is to be in effect, but such period may shall not
  692  exceed 2 years 1 year. The license, or appointment, or
  693  eligibility will shall remain suspended during the period so
  694  specified, subject, however, to any rescission or modification
  695  of the order by the department, or modification or reversal
  696  thereof by the court, prior to expiration of the suspension
  697  period. A license, appointment, or eligibility that which has
  698  been suspended may not be reinstated except upon request for
  699  such reinstatement, but the department may shall not grant such
  700  reinstatement if it finds that the circumstance or circumstances
  701  for which the license, appointment, and eligibility was
  702  suspended still exist or are likely to recur.
  703         Section 16. Paragraph (e) of subsection (1) of section
  704  626.916, Florida Statutes, is amended to read:
  705         626.916 Eligibility for export.—
  706         (1) No insurance coverage shall be eligible for export
  707  unless it meets all of the following conditions:
  708         (e) For personal residential property risks, the retail or
  709  producing agent must advise the insured in writing that coverage
  710  may be available and may be less expensive from Citizens
  711  Property Insurance Corporation. The notice must include other
  712  information that states that assessments by Citizens Property
  713  Insurance Corporation are higher and the coverage provided by
  714  Citizens Property Insurance Corporation may be less than the
  715  property’s existing coverage. If the notice is signed by the
  716  insured, it is presumed that the insured has been informed and
  717  knows that policies from Citizens Property Insurance Corporation
  718  may be less expensive, may provide less coverage, and will be
  719  accompanied by higher assessments.
  720         Section 17. Paragraph (e) is added to subsection (1) of
  721  section 626.9551, Florida Statutes, to read:
  722         626.9551 Favored agent or insurer; coercion of debtors.—
  723         (1) No person may:
  724         (e) Require an insurance agent or agency to directly or
  725  indirectly provide the replacement cost estimator or other
  726  underwriting information of an insurer underwriting an insurance
  727  policy covering real property as a condition precedent or
  728  condition subsequent to the lending of money or extension of
  729  credit to be secured by real property when such information is
  730  the proprietary business information of an insurer as defined in
  731  s. 624.4212(1). An insurance agent or agency may not provide
  732  such information to any person without authorization from the
  733  insurer.
  734         Section 18. Present subsections (4) through (10) of section
  735  627.715, Florida Statutes, are redesignated as subsections (5)
  736  through (11), respectively, and a new subsection (4) is added to
  737  that section, to read:
  738         627.715 Flood insurance.—An authorized insurer may issue an
  739  insurance policy, contract, or endorsement providing personal
  740  lines residential coverage for the peril of flood or excess
  741  coverage for the peril of flood on any structure or the contents
  742  of personal property contained therein, subject to this section.
  743  This section does not apply to commercial lines residential or
  744  commercial lines nonresidential coverage for the peril of flood.
  745  An insurer may issue flood insurance policies, contracts,
  746  endorsements, or excess coverage on a standard, preferred,
  747  customized, flexible, or supplemental basis.
  748         (4) An agent may export a contract or an endorsement
  749  providing flood coverage to an eligible surplus lines insurer
  750  without making a diligent effort to seek such coverage from
  751  three or more authorized insurers under s. 626.916(1)(a).
  752         Section 19. Section 633.136, Florida Statutes, is amended
  753  to read:
  754         633.136 Fire and Emergency Incident Information Reporting
  755  Program; duties; fire reports.—
  756         (1)(a) The Fire and Emergency Incident Information
  757  Reporting Program is created within the division. The program
  758  shall:
  759         1. Establish and maintain an electronic communication
  760  system capable of transmitting fire and emergency incident
  761  information to and between fire service providers protection
  762  agencies.
  763         2. Initiate a Fire and Emergency Incident Information
  764  Reporting System that is shall be responsible for:
  765         a. Receiving fire and emergency incident information from
  766  fire service providers protection agencies.
  767         b. Preparing and disseminating annual reports to the
  768  Governor, the President of the Senate, the Speaker of the House
  769  of Representatives, fire service providers protection agencies,
  770  and, upon request, the public. Each report must shall include,
  771  but not be limited to, the information listed in the National
  772  Fire Incident Reporting System.
  773         c. Upon request, providing other states and federal
  774  agencies with fire and emergency incident data of this state.
  775         3. Adopt rules to effectively and efficiently implement,
  776  administer, manage, maintain, and use the Fire and Emergency
  777  Incident Information Reporting Program. The rules shall be
  778  considered minimum requirements and may shall not preclude a
  779  fire service provider protection agency from implementing its
  780  own requirements that which may not conflict with the rules of
  781  the division.
  782         4. By rule, establish procedures and a format for each fire
  783  service provider protection agency to voluntarily monitor its
  784  records and submit reports to the program.
  785         5. Maintain Establish an electronic information database
  786  that is accessible and searchable by fire service providers
  787  protection agencies.
  788         (b) The division shall consult with the Florida Forest
  789  Service of the Department of Agriculture and Consumer Services
  790  and the State Surgeon General of the Department of Health to
  791  coordinate data, ensure accuracy of the data, and limit
  792  duplication of efforts in data collection, analysis, and
  793  reporting.
  794         (2) The Fire and Emergency Incident Information System
  795  Technical Advisory Panel is created within the division. The
  796  panel shall advise, review, and recommend to the State Fire
  797  Marshal with respect to the requirements of this section. The
  798  membership of the panel consists shall consist of the following
  799  15 members:
  800         (a) The current 13 members of the Firefighters Employment,
  801  Standards, and Training Council as established in s. 633.402.
  802         (b) One member from the Florida Forest Service of the
  803  Department of Agriculture and Consumer Services, appointed by
  804  the director of the Florida Forest Service.
  805         (c) One member from the Department of Health, appointed by
  806  the State Surgeon General.
  807         (3) As used in For the purpose of this section, the term
  808  “fire service provider” has the same meaning as in s. 633.102
  809  “fire protection agency” shall be defined by rule by the
  810  division.
  811         Section 20. Subsection (18) of section 633.202, Florida
  812  Statutes, is amended to read:
  813         633.202 Florida Fire Prevention Code.—
  814         (18) The authority having jurisdiction shall determine the
  815  minimum radio signal strength for fire department communications
  816  in all new high-rise and existing high-rise buildings. Existing
  817  buildings are not required to comply with minimum radio strength
  818  for fire department communications and two-way radio system
  819  enhancement communications as required by the Florida Fire
  820  Prevention Code until January 1, 2023 2022. However, by January
  821  1, 2022 December 31, 2019, an existing building that is not in
  822  compliance with the requirements for minimum radio strength for
  823  fire department communications must have completed a minimum
  824  radio strength assessment apply for an appropriate permit for
  825  the required installation with the local government agency
  826  having jurisdiction and must demonstrate that the building will
  827  become compliant by January 1, 2023 2022. Existing apartment
  828  buildings are not required to comply until January 1, 2025.
  829  However, existing apartment buildings must have completed a
  830  minimum radio strength assessment are required to apply for the
  831  appropriate permit for the required communications installation
  832  by December 31, 2022.
  833         Section 21. Section 633.217, Florida Statutes, is created
  834  to read:
  835         633.217Influencing a firesafety inspector; prohibited
  836  acts.
  837         (1) A person may not influence a firesafety inspector by:
  838         (a) Threatening, coercing, tricking, or attempting to
  839  threaten, coerce, or trick the firesafety inspector into
  840  violating any provision of the Florida Fire Prevention Code, any
  841  rule adopted by the State Fire Marshal, or any provision of this
  842  chapter.
  843         (b) Offering any compensation to the firesafety inspector
  844  to induce a violation of the Florida Fire Prevention Code, any
  845  rule adopted by the State Fire Marshal, or any provision of this
  846  chapter.
  847         (2) A firesafety inspector may not knowingly and
  848  intentionally request, solicit, accept, or agree to accept
  849  compensation offered as described in paragraph (1)(b).
  850         Section 22. Subsection (1) of section 633.402, Florida
  851  Statutes, is amended to read:
  852         633.402 Firefighters Employment, Standards, and Training
  853  Council; organization; meetings; quorum; compensation; seal;
  854  special powers; firefighter training.—
  855         (1) There is created within the department a Firefighters
  856  Employment, Standards, and Training Council of 15 14 members.
  857         (a) The members shall be appointed as follows:
  858         1. Two fire chiefs appointed by the Florida Fire Chiefs
  859  Association.
  860         2. Two firefighters, who are not officers, appointed by the
  861  Florida Professional Firefighters Association.
  862         3. Two firefighter officers, who are not fire chiefs,
  863  appointed by the State Fire Marshal.
  864         4. One individual appointed by the Florida League of
  865  Cities.
  866         5. One individual appointed by the Florida Association of
  867  Counties.
  868         6. One individual appointed by the Florida Association of
  869  Special Districts.
  870         7. One individual appointed by the Florida Fire Marshals’
  871  and Inspectors’ Association.
  872         8. One employee of the Florida Forest Service of the
  873  Department of Agriculture and Consumer Services appointed by the
  874  director of the Florida Forest Service.
  875         9. One individual appointed by the State Fire Marshal.
  876         10. One director or instructor of a state-certified
  877  firefighting training facility appointed by the State Fire
  878  Marshal.
  879         11. One individual The remaining member, who shall be
  880  appointed by the State Fire Marshal, who may not be a member or
  881  representative of the firefighting profession or of any local
  882  government.
  883         12.One individual from the Department of Health, appointed
  884  by the Surgeon General.
  885         (b) To be eligible for appointment as a member under
  886  subparagraph (a)1., subparagraph (a)2., subparagraph (a)3.,
  887  subparagraph (a)8., or subparagraph (a)10., a person must have
  888  had at least 4 years’ experience in the firefighting profession.
  889  Members shall serve only as long as they continue to meet the
  890  criteria under which they were appointed, or unless a member has
  891  failed to appear at three consecutive and properly noticed
  892  meetings unless excused by the chair.
  893         Section 23. Subsection (1) of section 633.416, Florida
  894  Statutes, is amended to read:
  895         633.416 Firefighter employment and volunteer firefighter
  896  service; saving clause.—
  897         (1) A fire service provider may not employ an individual
  898  to:
  899         (a) Extinguish fires for the protection of life or property
  900  or to supervise individuals who perform such services unless the
  901  individual holds a current and valid Firefighter Certificate of
  902  Compliance. However, a person who is currently serving as a
  903  volunteer firefighter and holds a volunteer firefighter
  904  certificate of completion with a fire service provider, who is
  905  then employed as a regular or permanent firefighter by such fire
  906  service provider, may function, for a period of 1 year under the
  907  direct supervision of an individual holding a valid Firefighter
  908  Certificate of Compliance, in the same capacity in which he or
  909  she acted as a volunteer firefighter, provided that he or she
  910  has completed all training required by the volunteer
  911  organization. Under no circumstance can this period extend
  912  beyond 1 year either collectively or consecutively from the
  913  start of employment to obtain a Firefighter Certificate of
  914  Compliance; or
  915         (b) Serve as the administrative and command head of a fire
  916  service provider for a period in excess of 1 year unless the
  917  individual holds a current and valid Firefighter Certificate of
  918  Compliance or Special Certificate of Compliance.
  919         Section 24. Section 648.30, Florida Statutes, is amended to
  920  read:
  921         648.30 Licensure and appointment required; prohibited acts;
  922  penalties.—
  923         (1) A person may not act in the capacity of a bail bond
  924  agent or temporary bail bond agent or perform any of the
  925  functions, duties, or powers prescribed for bail bond agents or
  926  temporary bail bond agents under this chapter unless that person
  927  is qualified, licensed, and appointed as provided in this
  928  chapter.
  929         (2) A person may not represent himself or herself to be a
  930  bail enforcement agent, bounty hunter, or other similar title in
  931  this state.
  932         (3) A person, other than a certified law enforcement
  933  officer, may not apprehend, detain, or arrest a principal on a
  934  bond, wherever issued, unless that person is qualified,
  935  licensed, and appointed as provided in this chapter or licensed
  936  as a bail bond agent or bail bond enforcement agent, or holds an
  937  equivalent license by the state where the bond was written.
  938         (4) Any person who violates this section commits a felony
  939  of the third degree, punishable as provided in s. 775.082, s.
  940  775.083, or s. 775.084.
  941         (5)Any licensee under this chapter who knowingly aids or
  942  abets an unlicensed person in violating this section commits a
  943  felony of the third degree, punishable as provided in s.
  944  775.082, s. 775.083, or s. 775.084.
  945         Section 25. Section 843.08, Florida Statutes, is amended to
  946  read:
  947         843.08 False personation.—A person who falsely assumes or
  948  pretends to be a firefighter, a sheriff, an officer of the
  949  Florida Highway Patrol, an officer of the Fish and Wildlife
  950  Conservation Commission, an officer of the Department of
  951  Environmental Protection, a fire or arson investigator of the
  952  Department of Financial Services, an officer of the Department
  953  of Financial Services, any personnel or representative of the
  954  Division of Investigative and Forensic Services, an officer of
  955  the Department of Corrections, a correctional probation officer,
  956  a deputy sheriff, a state attorney or an assistant state
  957  attorney, a statewide prosecutor or an assistant statewide
  958  prosecutor, a state attorney investigator, a coroner, a police
  959  officer, a lottery special agent or lottery investigator, a
  960  beverage enforcement agent, a school guardian as described in s.
  961  30.15(1)(k), a security officer licensed under chapter 493, any
  962  member of the Florida Commission on Offender Review or any
  963  administrative aide or supervisor employed by the commission,
  964  any personnel or representative of the Department of Law
  965  Enforcement, or a federal law enforcement officer as defined in
  966  s. 901.1505, and takes upon himself or herself to act as such,
  967  or to require any other person to aid or assist him or her in a
  968  matter pertaining to the duty of any such officer, commits a
  969  felony of the third degree, punishable as provided in s.
  970  775.082, s. 775.083, or s. 775.084. However, a person who
  971  falsely personates any such officer during the course of the
  972  commission of a felony commits a felony of the second degree,
  973  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  974  If the commission of the felony results in the death or personal
  975  injury of another human being, the person commits a felony of
  976  the first degree, punishable as provided in s. 775.082, s.
  977  775.083, or s. 775.084.
  978         Section 26. Paragraph (f) is added to subsection (11) of
  979  section 943.045, Florida Statutes, to read:
  980         943.045 Definitions; ss. 943.045-943.08.—The following
  981  words and phrases as used in ss. 943.045-943.08 shall have the
  982  following meanings:
  983         (11) “Criminal justice agency” means:
  984         (f)The investigations component of the Department of
  985  Financial Services which investigates the crimes of fraud and
  986  official misconduct in all public assistance given to residents
  987  of this state or provided to others by the state.
  988         Section 27. For the purpose of incorporating the amendment
  989  made by this act to section 497.142, Florida Statutes, in a
  990  reference thereto, paragraph (a) of subsection (5) of section
  991  497.141, Florida Statutes, is reenacted to read:
  992         497.141 Licensing; general application procedures.—
  993         (5)(a) The licensing authority may not issue, and effective
  994  July 1, 2011, may not renew, a license under this chapter to an
  995  applicant that has a criminal record required to be disclosed
  996  under s. 497.142(10) unless the applicant demonstrates that
  997  issuance of the license, according to rules adopted by the
  998  licensing authority, does not create a danger to the public. A
  999  licensee who previously disclosed her or his criminal record
 1000  upon initial application or renewal of her or his license must
 1001  disclose only a criminal offense for which the licensee was
 1002  convicted or entered a plea of guilty or nolo contendere since
 1003  the most recent renewal of her or his license or, if the license
 1004  has not been renewed, since the licensee’s initial application.
 1005         Section 28. Except as otherwise expressly provided in this
 1006  act and except for this section, which shall take effect upon
 1007  this act becoming a law, this act shall take effect July 1,
 1008  2021.