Bill Text: FL S0992 | 2016 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Department of Financial Services
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Introduced - Dead) 2016-03-04 - Laid on Table, companion bill(s) passed, see CS/CS/CS/HB 651 (Ch. 2016-132), SB 908 (Ch. 2016-165) [S0992 Detail]
Download: Florida-2016-S0992-Comm_Sub.html
Bill Title: Department of Financial Services
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Introduced - Dead) 2016-03-04 - Laid on Table, companion bill(s) passed, see CS/CS/CS/HB 651 (Ch. 2016-132), SB 908 (Ch. 2016-165) [S0992 Detail]
Download: Florida-2016-S0992-Comm_Sub.html
Florida Senate - 2016 CS for SB 992 By the Committee on Banking and Insurance; and Senator Brandes 597-02308-16 2016992c1 1 A bill to be entitled 2 An act relating to the Department of Financial 3 Services; amending s. 48.151, F.S.; authorizing the 4 Department of Financial Services to create an 5 Internet-based transmission system to accept service 6 of process; amending s. 110.1315, F.S.; removing a 7 requirement that the Executive Office of the Governor 8 review and approve a certain alternative retirement 9 income security program provided by the department; 10 amending s. 112.215, F.S.; authorizing the Chief 11 Financial Officer, with the approval of the State 12 Board of Administration, to include specified 13 employees other than state employees in a deferred 14 compensation plan; conforming a provision to a change 15 made by the act; amending s. 137.09, F.S.; removing a 16 requirement that the department approve certain bonds 17 of county officers; amending s. 215.97, F.S.; revising 18 and providing definitions; increasing the amount of a 19 certain audit threshold; exempting specified higher 20 education entities from certain audit requirements; 21 revising the requirements for state-funded contracts 22 or agreements between a state awarding agency and a 23 higher education entity; providing an exception; 24 providing applicability; conforming provisions to 25 changes made by the act; amending s. 322.142, F.S.; 26 authorizing the Department of Highway Safety and Motor 27 Vehicles to provide certain driver license images to 28 the Department of Financial Services for the purpose 29 of investigating allegations of violations of the 30 insurance code; amending s. 374.983, F.S.; naming the 31 Board of Commissioners of the Florida Inland 32 Navigation District, rather than the Chief Financial 33 Officer, as the entity that receives and approves 34 certain surety bonds of commissioners; amending s. 35 509.211, F.S.; revising certain standards for carbon 36 monoxide detector devices in specified spaces or rooms 37 of public lodging establishments; deleting a provision 38 authorizing the State Fire Marshal of the department 39 to exempt a device from such standards; amending s. 40 624.307, F.S.; conforming provisions to changes made 41 by the act; specifying requirements for the Chief 42 Financial Officer in providing notice of electronic 43 transmission of process documents; amending s. 44 624.423, F.S.; authorizing service of process by 45 specified means; reenacting and amending s. 624.502, 46 F.S.; specifying fees to be paid by the requestor to 47 the department or Office of Insurance Regulation for 48 certain service of process on authorized and 49 unauthorized insurers; amending s. 626.907, F.S.; 50 requiring a service of process fee for certain service 51 of process made by the Chief Financial Officer; 52 specifying the determination of a defendant’s last 53 known principal place of business; amending s. 54 626.921, F.S.; revising membership requirements of the 55 Florida Surplus Lines Service Office board of 56 governors; amending s. 627.7074, F.S.; providing an 57 additional ground for disqualifying a neutral 58 evaluator for disputed sinkhole insurance claims; 59 creating s. 633.107, F.S.; authorizing the department 60 to grant exemptions from disqualification for 61 licensure or certification by the Division of State 62 Fire Marshal under certain circumstances; specifying 63 the information an applicant must provide; providing 64 the manner in which the department must render its 65 decision to grant or deny an exemption; providing 66 procedures for an applicant to contest the decision; 67 providing an exception from certain requirements; 68 authorizing the division to adopt rules; creating s. 69 633.135, F.S.; establishing the Firefighter Assistance 70 Program for certain purposes; requiring the division 71 to administer the program and annually award grants to 72 qualifying fire departments; defining the term 73 “combination fire department”; providing eligibility 74 requirements; requiring the State Fire Marshal to 75 adopt rules and procedures; providing program 76 requirements; amending s. 633.208, F.S.; revising 77 applicability of the Life Safety Code to exclude one 78 family and two-family dwellings, rather than only such 79 dwellings that are newly constructed; amending s. 80 633.216, F.S.; conforming a cross-reference; amending 81 s. 633.408, F.S.; revising firefighter and volunteer 82 firefighter certification requirements; specifying the 83 duration of certain firefighter certifications; 84 amending s. 633.412, F.S.; deleting a requirement that 85 the division suspend or revoke all issued certificates 86 if an individual’s certificate is suspended or 87 revoked; amending s. 633.414, F.S.; conforming 88 provisions to changes made by the act; revising 89 alternative requirements for renewing specified 90 certifications; providing grounds for denial of, or 91 disciplinary action against, certifications for a 92 firefighter or volunteer firefighter; amending s. 93 633.426, F.S.; revising a definition; providing a date 94 after which an individual is subject to revocation of 95 certification under specified circumstances; providing 96 an effective date. 97 98 Be It Enacted by the Legislature of the State of Florida: 99 100 Section 1. Subsection (3) of section 48.151, Florida 101 Statutes, is amended to read: 102 48.151 Service on statutory agents for certain persons.— 103 (3) The Chief Financial Officer or his or her assistant or 104 deputy or another person in charge of the office is the agent 105 for service of process on all insurers applying for authority to 106 transact insurance in this state, all licensed nonresident 107 insurance agents, all nonresident disability insurance agents 108 licensed pursuant to s. 626.835, any unauthorized insurer under 109 s. 626.906 or s. 626.937, domestic reciprocal insurers, 110 fraternal benefit societies under chapter 632, warranty 111 associations under chapter 634, prepaid limited health service 112 organizations under chapter 636, and persons required to file 113 statements under s. 628.461. As an alternative to service of 114 process made by mail or personal service on the Chief Financial 115 Officer, on his or her assistant or deputy, or on another person 116 in charge of the office, the Department of Financial Services 117 may create an Internet-based transmission system to accept 118 service of process by electronic transmission of documents. 119 Section 2. Subsection (1) of section 110.1315, Florida 120 Statutes, is amended to read: 121 110.1315 Alternative retirement benefits; other-personal 122 services employees.— 123 (1)Upon review and approval by the Executive Office of the124Governor,The Department of Financial Services shall provide an 125 alternative retirement income security program for eligible 126 temporary and seasonal employees of the state who are 127 compensated from appropriations for other personal services. The 128 Department of Financial Services may contract with a private 129 vendor or vendors to administer the program under a defined 130 contribution plan under ss. 401(a) and 403(b) or s. 457 of the 131 Internal Revenue Code, and the program must provide retirement 132 benefits as required under s. 3121(b)(7)(F) of the Internal 133 Revenue Code. The Department of Financial Services may develop a 134 request for proposals and solicit qualified vendors to compete 135 for the award of the contract. A vendor shall be selected on the 136 basis of the plan that best serves the interest of the 137 participating employees and the state. The proposal must comply 138 with all necessary federal and state laws and rules. 139 Section 3. Paragraph (a) of subsection (4) and subsection 140 (12) of section 112.215, Florida Statutes, are amended to read: 141 112.215 Government employees; deferred compensation 142 program.— 143 (4)(a) The Chief Financial Officer, with the approval of 144 the State Board of Administration, shall establish such plan or 145 plans of deferred compensation for state employees and may 146 include persons employed by a state university as defined in s. 147 1000.21, a special district as defined in s. 189.012, or a water 148 management district as defined in s. 189.012, including all such 149 investment vehicles or products incident thereto, as may be 150 available through, or offered by, qualified companies or 151 persons, and may approve one or more such plans for 152 implementation by and on behalf of the state and its agencies 153 and employees. 154 (12) The Chief Financial Officer may adopt any rule 155 necessary to administer and implement this act with respect to 156 deferred compensation plans for state employees and persons 157 employed by a state university as defined in s. 1000.21, a 158 special district as defined in s. 189.012, or a water management 159 district as defined in s. 189.012. 160 Section 4. Section 137.09, Florida Statutes, is amended to 161 read: 162 137.09 Justification and approval of bonds.—Each surety 163 upon every bond of any county officer shall make affidavit that 164 he or she is a resident of the county for which the officer is 165 to be commissioned, and that he or she has sufficient visible 166 property therein unencumbered and not exempt from sale under 167 legal process to make good his or her bond. Every such bond 168 shall be approved by the board of county commissionersand by169the Department of Financial Serviceswhen the board isthey and170it aresatisfied in itstheirjudgment that the bondsameis 171 legal, sufficient, and proper to be approved. 172 Section 5. Present paragraphs (h) through (y) of subsection 173 (2) of section 215.97, Florida Statutes, are redesignated as 174 paragraphs (i) through (z), respectively, a new paragraph (h) is 175 added to that subsection, paragraph (a) and present paragraphs 176 (m) and (v) of that subsection and paragraph (o) of subsection 177 (8) are amended, present subsections (9), (10), and (11) of that 178 section are renumbered as subsections (10), (11), and (12), 179 respectively, and a new subsection (9) is added to that section, 180 to read: 181 215.97 Florida Single Audit Act.— 182 (2)Definitions;As used in this section, the term: 183 (a) “Audit threshold” means the threshold amount used to 184 determine when a state single audit or project-specific audit of 185 a nonstate entity shall be conducted in accordance with this 186 section. Each nonstate entity that expends a total amount of 187 state financial assistance equal to or in excess of $750,000 188$500,000in any fiscal year of such nonstate entity shall be 189 required to have a state single audit, or a project-specific 190 audit, for such fiscal year in accordance with the requirements 191 of this section. Every 2 years the Auditor General, after 192 consulting with the Executive Office of the Governor, the 193 Department of Financial Services, and all state awarding 194 agencies, shall review the threshold amount for requiring audits 195 under this section and may adjust such threshold amount 196 consistent with the purposes of this section. 197 (h) “Higher education entity” means a Florida College 198 System institution or a state university, as those terms are 199 defined in s. 1000.21. 200 (n)(m)“Nonstate entity” means a local governmental entity, 201 higher education entity, nonprofit organization, or for-profit 202 organization that receives state financial assistance. 203 (w)(v)“State project-specific audit” means an audit of one 204 state project performed in accordance with the requirements of 205 subsection (11)(10). 206 (8) Each recipient or subrecipient of state financial 207 assistance shall comply with the following: 208 (o) A higher education entity is exempt from the 209 requirements of paragraph (2)(a) and this subsectionA contract210involving the State University System or the Florida College211System funded by state financial assistance may be in the form212of:2131.A fixed-price contract that entitles the provider to214receive full compensation for the fixed contract amount upon215completion of all contract deliverables;2162.A fixed-rate-per-unit contract that entitles the217provider to receive compensation for each contract deliverable218provided;2193.A cost-reimbursable contract that entitles the provider220to receive compensation for actual allowable costs incurred in221performing contract deliverables; or2224. A combination of the contract forms described in223subparagraphs 1., 2., and 3. 224 (9) This subsection applies to any contract or agreement 225 between a state awarding agency and a higher education entity 226 that is funded by state financial assistance. 227 (a) The contract or agreement must comply with ss. 228 215.971(1) and 216.3475 and must be in the form of one or a 229 combination of the following: 230 1. A fixed-price contract that entitles the provider to 231 receive compensation for the fixed contract amount upon 232 completion of all contract deliverables. 233 2. A fixed-rate-per-unit contract that entitles the 234 provider to receive compensation for each contract deliverable 235 provided. 236 3. A cost-reimbursable contract that entitles the provider 237 to receive compensation for actual allowable costs incurred in 238 performing contract deliverables. 239 (b) If a higher education entity has extremely limited or 240 no required activities related to the administration of a state 241 project and acts only as a conduit of state financial 242 assistance, none of the requirements of this section apply to 243 the conduit higher education entity. However, the subrecipient 244 that is provided state financial assistance by the conduit 245 higher education entity is subject to the requirements of this 246 subsection and subsection (8). 247 (c) Regardless of the amount of the state financial 248 assistance, this subsection does not exempt a higher education 249 entity from compliance with provisions of law that relate to 250 maintaining records concerning state financial assistance to the 251 higher education entity or that allow access and examination of 252 those records by the state awarding agency, the higher education 253 entity, the Department of Financial Services, or the Auditor 254 General. 255 (d) This subsection does not prohibit the state awarding 256 agency from including terms and conditions in the contract or 257 agreement which require additional assurances that the state 258 financial assistance meets the applicable requirements of laws, 259 regulations, and other compliance rules. 260 Section 6. Subsection (4) of section 322.142, Florida 261 Statutes, is amended to read: 262 322.142 Color photographic or digital imaged licenses.— 263 (4) The department may maintain a film negative or print 264 file. The department shall maintain a record of the digital 265 image and signature of the licensees, together with other data 266 required by the department for identification and retrieval. 267 Reproductions from the file or digital record are exempt from 268 the provisions of s. 119.07(1) and may be made and issued only: 269 (a) For departmental administrative purposes; 270 (b) For the issuance of duplicate licenses; 271 (c) In response to law enforcement agency requests; 272 (d) To the Department of Business and Professional 273 Regulation and the Department of Health pursuant to an 274 interagency agreement for the purpose of accessing digital 275 images for reproduction of licenses issued by the Department of 276 Business and Professional Regulation or the Department of 277 Health; 278 (e) To the Department of State pursuant to an interagency 279 agreement to facilitate determinations of eligibility of voter 280 registration applicants and registered voters in accordance with 281 ss. 98.045 and 98.075; 282 (f) To the Department of Revenue pursuant to an interagency 283 agreement for use in establishing paternity and establishing, 284 modifying, or enforcing support obligations in Title IV-D cases; 285 (g) To the Department of Children and Families pursuant to 286 an interagency agreement to conduct protective investigations 287 under part III of chapter 39 and chapter 415; 288 (h) To the Department of Children and Families pursuant to 289 an interagency agreement specifying the number of employees in 290 each of that department’s regions to be granted access to the 291 records for use as verification of identity to expedite the 292 determination of eligibility for public assistance and for use 293 in public assistance fraud investigations; 294 (i) To the Agency for Health Care Administration pursuant 295 to an interagency agreement for the purpose of authorized 296 agencies verifying photographs in the Care Provider Background 297 Screening Clearinghouse authorized under s. 435.12; 298 (j) To the Department of Financial Services pursuant to an 299 interagency agreement to facilitate the location of owners of 300 unclaimed property, the validation of unclaimed property claims, 301andthe identification of fraudulent or false claims, and the 302 investigation of allegations of violations of the insurance code 303 by licensees and unlicensed persons; 304 (k) To district medical examiners pursuant to an 305 interagency agreement for the purpose of identifying a deceased 306 individual, determining cause of death, and notifying next of 307 kin of any investigations, including autopsies and other 308 laboratory examinations, authorized in s. 406.11; or 309 (l) To the following persons for the purpose of identifying 310 a person as part of the official work of a court: 311 1. A justice or judge of this state; 312 2. An employee of the state courts system who works in a 313 position that is designated in writing for access by the Chief 314 Justice of the Supreme Court or a chief judge of a district or 315 circuit court, or by his or her designee; or 316 3. A government employee who performs functions on behalf 317 of the state courts system in a position that is designated in 318 writing for access by the Chief Justice or a chief judge, or by 319 his or her designee. 320 Section 7. Subsection (2) of section 374.983, Florida 321 Statutes, is amended to read: 322 374.983 Governing body.— 323 (2) The present board of commissioners of the district 324 shall continue to hold office until their respective terms shall 325 expire. Thereafter the members of the board shall continue to be 326 appointed by the Governor for a term of 4 years and until their 327 successors shall be duly appointed. Specifically, commencing on 328 January 10, 1997, the Governor shall appoint the commissioners 329 from Broward, Indian River, Martin, St. Johns, and Volusia 330 Counties and on January 10, 1999, the Governor shall appoint the 331 commissioners from Brevard, Miami-Dade, Duval, Flagler, Palm 332 Beach, and St. Lucie Counties. The Governor shall appoint the 333 commissioner from Nassau County for an initial term that 334 coincides with the period remaining in the current terms of the 335 commissioners from Broward, Indian River, Martin, St. Johns, and 336 Volusia Counties. Thereafter, the commissioner from Nassau 337 County shall be appointed to a 4-year term. Each new appointee 338 must be confirmed by the Senate. Whenever a vacancy occurs among 339 the commissioners, the person appointed to fill such vacancy 340 shall hold office for the unexpired portion of the term of the 341 commissioner whose place he or she is selected to fill. Each 342 commissioner under this act before he or she assumes office 343 shall be required to give a good and sufficient surety bond in 344 the sum of $10,000 payable to the Governor and his or her 345 successors in office, conditioned upon the faithful performance 346 of the duties of his or her office, such bond to be approved by 347 and filed with the board of commissioners of the districtChief348Financial Officer. Any and all premiums upon such surety bonds 349 shall be paid by the board of commissioners of such district as 350 a necessary expense of the district. 351 Section 8. Subsection (4) of section 509.211, Florida 352 Statutes, is amended to read: 353 509.211 Safety regulations.— 354 (4) Every enclosed space or room that contains a boiler 355 regulated under chapter 554 which is fired by the direct 356 application of energy from the combustion of fuels and that is 357 located in any portion of a public lodging establishment that 358 also contains sleeping rooms shall be equipped with one or more 359 carbon monoxide detectorsensordevices that bear the 360 certification mark from a testing and certification organization 361 accredited in accordance with ISO/IEC Guide 65, General 362 Requirements for Bodies Operating Product Certification Systems, 363label of a nationally recognized testing laboratoryand that 364 have been tested and listed as complying with the most recent 365 Underwriters Laboratories, Inc., Standard 20752034, or its 366 equivalent, unless it is determined that carbon monoxide hazards367have otherwise been adequately mitigated as determined by the368Division of State Fire Marshal of the Department of Financial369Services. Such devices shall be integrated with the public 370 lodging establishment’s fire detection system. Any such 371 installation or determination shall be made in accordance with 372 rules adopted by the Division of State Fire Marshal. 373 Section 9. Subsection (9) of section 624.307, Florida 374 Statutes, is amended to read: 375 624.307 General powers; duties.— 376 (9) Upon receiving service of legal process issued in any 377 civil action or proceeding in this state against any regulated 378 person or any unauthorized insurer under s. 626.906 or s. 379 626.937 which is required to appoint the Chief Financial Officer 380 as its attorney to receive service of all legal process, the 381 Chief Financial Officer, as attorney, may, in lieu of sending 382 the process by registered or certified mail, send the process or 383 make it available by any other verifiable means, including, but 384 not limited to, making the documents available by electronic 385 transmission from a secure website established by the department 386 to the person last designated by the regulated person or the 387 unauthorized insurer to receive the process. When process 388 documents are made available electronically, the Chief Financial 389 Officer shall send a notice of receipt of service of process to 390 the person last designated by the regulated person or 391 unauthorized insurer to receive legal process. The notice must 392 state the date and manner in which the copy of the process was 393 made available to the regulated person or unauthorized insurer 394 being served and contain the uniform resource locator (URL) for 395 a hyperlink to access files and information on the department’s 396 website to obtain a copy of the process. 397 Section 10. Section 624.423, Florida Statutes, is amended 398 to read: 399 624.423 Serving process.— 400 (1) Service of process upon the Chief Financial Officer as 401 process agent of the insurer(under ss.s.624.422 and 626.937)402 shall be made by serving a copy of the process upon the Chief 403 Financial Officer or upon her or his assistant, deputy, or other 404 person in charge of her or his office. Service may also be made 405 by mail or electronically as provided in s. 48.151. Upon 406 receiving such service, the Chief Financial Officer shall retain 407 a record copy and promptly forward one copy of the process by 408 registered or certified mail or by other verifiable means, as 409 provided under s. 624.307(9), to the person last designated by 410 the insurer to receive the same, as provided under s. 411 624.422(2). For purposes of this section, records may be 412 retained as paper or electronic copies. 413 (2) IfWhereprocess is served upon the Chief Financial 414 Officer as an insurer’s process agent, the insurer isshallnot 415berequired to answer or plead except within 20 days after the 416 date upon which the Chief Financial Officer sends or makes 417 available by other verifiable meansmaileda copy of the process 418 served upon her or him as required by subsection (1). 419 (3) Process served upon the Chief Financial Officer and 420 sent or made available in accordance with this section and s. 421 624.307(9)copy thereof forwarded as in this section provided422 shall for all purposes constitute valid and binding service 423 thereof upon the insurer. 424 Section 11. Notwithstanding the expiration date in section 425 41 of chapter 2015-222, Laws of Florida, section 624.502, 426 Florida Statutes, as amended by chapter 2013-41, Laws of 427 Florida, is reenacted and amended to read: 428 624.502 Service of process fee.—In all instances as 429 provided in any section of the insurance code and s. 48.151(3) 430 in which service of process is authorized to be made upon the 431 Chief Financial Officer or the director of the office, the party 432 requesting serviceplaintiffshall pay to the department or 433 office a fee of $15 for such service of process on an authorized 434 insurer or $25 for such service of process on an unauthorized 435 insurer, which fee shall be deposited into the Administrative 436 Trust Fund. 437 Section 12. Subsection (1) of section 626.907, Florida 438 Statutes, is amended to read: 439 626.907 Service of process; judgment by default.— 440 (1) Service of process upon an insurer or person 441 representing or aiding such insurer pursuant to s. 626.906 shall 442 be made by delivering to and leaving with the Chief Financial 443 Officer, his or her assistant or deputy, or another person in 444 charge of theorsome person in apparent charge of his or her445 office two copies thereof and the service of process fee as 446 required in s. 624.502. The Chief Financial Officer shall 447 forthwith mail by registered mail, commercial carrier, or any 448 verifiable means, one of the copies of such process to the 449 defendant at the defendant’s last known principal place of 450 business as provided by the party submitting the documents and 451 shall keep a record of all process so served upon him or her. 452 The service of process is sufficient, provided notice of such 453 service and a copy of the process are sent within 10 days 454 thereafter by registered mail by plaintiff or plaintiff’s 455 attorney to the defendant at the defendant’s last known 456 principal place of business, and the defendant’s receipt, or 457 receipt issued by the post office with which the letter is 458 registered, showing the name of the sender of the letter and the 459 name and address of the person to whom the letter is addressed, 460 and the affidavit of the plaintiff or plaintiff’s attorney 461 showing a compliance herewith are filed with the clerk of the 462 court in which the action is pending on or before the date the 463 defendant is required to appear, or within such further time as 464 the court may allow. 465 Section 13. Paragraph (a) of subsection (4) of section 466 626.921, Florida Statutes, is amended to read: 467 626.921 Florida Surplus Lines Service Office.— 468 (4) The association shall operate under the supervision of 469 a board of governors consisting of: 470 (a) Five individuals nominated by the Florida Surplus Lines 471 Association and appointed by the department from the regular 472 membership of the Florida Surplus Lines Association. 473 474 Each board member shall be appointed to serve beginning on the 475 date designated by the plan of operation and shall serve at the 476 pleasure of the department for a 3-year term, such term 477 initially to be staggered by the plan of operation so that three 478 appointments expire in 1 year, three appointments expire in 2 479 years, and three appointments expire in 3 years. Members may be 480 reappointed for subsequent terms. The board of governors shall 481 elect such officers as may be provided in the plan of operation. 482 Section 14. Paragraph (a) of subsection (7) of section 483 627.7074, Florida Statutes, is amended to read: 484 627.7074 Alternative procedure for resolution of disputed 485 sinkhole insurance claims.— 486 (7) Upon receipt of a request for neutral evaluation, the 487 department shall provide the parties a list of certified neutral 488 evaluators. The department shall allow the parties to submit 489 requests to disqualify evaluators on the list for cause. 490 (a) The department shall disqualify neutral evaluators for 491 cause based only on any of the following grounds: 492 1. A familial relationship within the third degree exists 493 between the neutral evaluator and either party or a 494 representative of either party. 495 2. The proposed neutral evaluator has, in a professional 496 capacity, previously represented either party or a 497 representative of either party in the same or a substantially 498 related matter. 499 3. The proposed neutral evaluator has, in a professional 500 capacity, represented another person in the same or a 501 substantially related matter and that person’s interests are 502 materially adverse to the interests of the parties. The term 503 “substantially related matter” means participation by the 504 neutral evaluator on the same claim, property, or adjacent 505 property. 506 4. The proposed neutral evaluator has, within the preceding 507 5 years, worked as an employer or employee of any party to the 508 case. 509 5. The proposed neutral evaluator has, within the preceding 510 5 years, worked for any entity that performed any sinkhole loss 511 testing, review, or analysis for the property. 512 Section 15. Section 633.107, Florida Statutes, is created 513 to read: 514 633.107 Exemption from disqualification from licensure or 515 certification.— 516 (1) The department may grant an exemption from 517 disqualification to any person disqualified from licensure or 518 certification by the Division of State Fire Marshal under this 519 chapter because of a criminal record or dishonorable discharge 520 from the United States Armed Forces if the applicant has paid in 521 full any fee, fine, fund, lien, civil judgment, restitution, 522 cost of prosecution, or trust contribution imposed by the court 523 as part of the judgment and sentence for any disqualifying 524 offense and: 525 (a) At least 5 years have elapsed since the applicant 526 completed or has been lawfully released from confinement, 527 supervision, or nonmonetary condition imposed by the court for a 528 disqualifying offense; or 529 (b) At least 5 years have elapsed since the applicant was 530 dishonorably discharged from the United States Armed Forces. 531 (2) For the department to grant an exemption, the applicant 532 must clearly and convincingly demonstrate that he or she would 533 not pose a risk to persons or property if permitted to be 534 licensed or certified under this chapter, evidence of which must 535 include, but need not be limited to, facts and circumstances 536 surrounding the disqualifying offense, the time that has elapsed 537 since the offense, the nature of the offense and harm caused to 538 the victim, the applicant’s history before and after the 539 offense, and any other evidence or circumstances indicating that 540 the applicant will not present a danger if permitted to be 541 licensed or certified. 542 (3) The department has discretion whether to grant or deny 543 an exemption. The department shall provide its decision in 544 writing which, if the exemption is denied, must state with 545 particularity the reasons for denial. The department’s decision 546 is subject to proceedings under chapter 120, except that a 547 formal proceeding under s. 120.57(1) is available only if there 548 are disputed issues of material fact that the department relied 549 upon in reaching its decision. 550 (4) An applicant may request an exemption, notwithstanding 551 the time limitations of paragraphs (1)(a) and (b), if by 552 executive clemency his or her civil rights are restored, or he 553 or she receives a pardon, from the disqualifying offense. The 554 fact that the applicant receives executive clemency does not 555 alleviate his or her obligation to comply with subsection (2) or 556 in itself require the department to award the exemption. 557 (5) The division may adopt rules to administer this 558 section. 559 Section 16. Section 633.135, Florida Statutes, is created 560 to read: 561 633.135 Firefighter Assistance Grant Program.— 562 (1) The Firefighter Assistance Grant Program is created 563 within the division to improve the emergency response capability 564 of volunteer fire departments and combination fire departments. 565 The program shall provide financial assistance to improve 566 firefighter safety and enable such fire departments to provide 567 firefighting, emergency medical, and rescue services to their 568 communities. For purposes of this section, the term “combination 569 fire department” means a fire department composed of a 570 combination of career and volunteer firefighters. 571 (2) The division shall administer the program and annually 572 award grants to volunteer fire departments and combination fire 573 departments using the annual Florida Fire Service Needs 574 Assessment Survey. The purpose of the grants is to assist such 575 fire departments in providing volunteer firefighter training and 576 procuring necessary firefighter personal protective equipment, 577 self-contained breathing apparatus equipment, and fire engine 578 pumper apparatus equipment. However, the division shall 579 prioritize the annual award of grants to such fire departments 580 in a county having a population of 75,000 or less. 581 (3) The State Fire Marshal shall adopt rules and procedures 582 for the program that require grant recipients to: 583 (a) Report their activity to the division for submission in 584 the Fire and Emergency Incident Information Reporting System 585 created pursuant to s. 633.136; 586 (b) Annually complete and submit the Florida Fire Service 587 Needs Assessment Survey to the division; 588 (c) Comply with the Florida Firefighters Occupational 589 Safety and Health Act, ss. 633.502-633.536; 590 (d) Comply with any other rule determined by the State Fire 591 Marshal to effectively and efficiently implement, administer, 592 and manage the program; and 593 (e) Meet the definition of the term “fire service provider” 594 in s. 633.102. 595 (4) Funds shall be used to: 596 (a) Provide firefighter training to individuals to obtain a 597 Volunteer Firefighter Certificate of Completion pursuant to s. 598 633.408. Training must be provided at no cost to the fire 599 department or student by a division-approved instructor and must 600 be documented in the division’s electronic database. 601 (b) Purchase firefighter personal protective equipment, 602 including structural firefighting protective ensembles and 603 individual ensemble elements such as garments, helmets, gloves, 604 and footwear, that complies with NFPA No. 1851, “Standard on 605 Selection, Care, and Maintenance of Protective Ensembles for 606 Structural Fire Fighting and Proximity Fire Fighting,” by the 607 National Fire Protection Association. 608 (c) Purchase self-contained breathing apparatus equipment 609 that complies with NFPA No. 1852, “Standard on Selection, Care, 610 and Maintenance of Open-Circuit Self-Contained Breathing 611 Apparatus.” 612 (d) Purchase fire engine pumper apparatus equipment. Funds 613 provided under this paragraph may be used to purchase the 614 equipment or subsidize a federal grant from the Federal 615 Emergency Management Agency to purchase the equipment. 616 Section 17. Subsection (8) of section 633.208, Florida 617 Statutes, is amended to read: 618 633.208 Minimum firesafety standards.— 619 (8) The provisions of the Life Safety Code, as contained in 620 the Florida Fire Prevention Code, do not apply tonewly621constructedone-family and two-family dwellings. However, fire 622 sprinkler protection may be permitted by local government in 623 lieu of other fire protection-related development requirements 624 for such structures. While local governments may adopt fire 625 sprinkler requirements for one- and two-family dwellings under 626 this subsection, it is the intent of the Legislature that the 627 economic consequences of the fire sprinkler mandate on home 628 owners be studied before the enactment of such a requirement. 629 After the effective date of this act, any local government that 630 desires to adopt a fire sprinkler requirement on one- or two 631 family dwellings must prepare an economic cost and benefit 632 report that analyzes the application of fire sprinklers to one- 633 or two-family dwellings or any proposed residential subdivision. 634 The report must consider the tradeoffs and specific cost savings 635 and benefits of fire sprinklers for future owners of property. 636 The report must include an assessment of the cost savings from 637 any reduced or eliminated impact fees if applicable, the 638 reduction in special fire district tax, insurance fees, and 639 other taxes or fees imposed, and the waiver of certain 640 infrastructure requirements including the reduction of roadway 641 widths, the reduction of water line sizes, increased fire 642 hydrant spacing, increased dead-end roadway length, and a 643 reduction in cul-de-sac sizes relative to the costs from fire 644 sprinkling. A failure to prepare an economic report shall result 645 in the invalidation of the fire sprinkler requirement to any 646 one- or two-family dwelling or any proposed subdivision. In 647 addition, a local jurisdiction or utility may not charge any 648 additional fee, above what is charged to a non-fire sprinklered 649 dwelling, on the basis that a one- or two-family dwelling unit 650 is protected by a fire sprinkler system. 651 Section 18. Subsection (2) of section 633.216, Florida 652 Statutes, is amended to read: 653 633.216 Inspection of buildings and equipment; orders; 654 firesafety inspection training requirements; certification; 655 disciplinary action.—The State Fire Marshal and her or his 656 agents or persons authorized to enforce laws and rules of the 657 State Fire Marshal shall, at any reasonable hour, when the State 658 Fire Marshal has reasonable cause to believe that a violation of 659 this chapter or s. 509.215, or a rule adopted thereunder, or a 660 minimum firesafety code adopted by the State Fire Marshal or a 661 local authority, may exist, inspect any and all buildings and 662 structures which are subject to the requirements of this chapter 663 or s. 509.215 and rules adopted thereunder. The authority to 664 inspect shall extend to all equipment, vehicles, and chemicals 665 which are located on or within the premises of any such building 666 or structure. 667 (2) Except as provided in s. 633.312(2), every firesafety 668 inspection conducted pursuant to state or local firesafety 669 requirements shall be by a person certified as having met the 670 inspection training requirements set by the State Fire Marshal. 671 Such person shall meet the requirements of s. 633.412(1)-(4)s.672633.412(1)(a)-(d), and: 673 (a) Have satisfactorily completed the firesafety inspector 674 certification examination as prescribed by division rule; and 675 (b)1. Have satisfactorily completed, as determined by 676 division rule, a firesafety inspector training program of at 677 least 200 hours established by the department and administered 678 by education or training providers approved by the department 679 for the purpose of providing basic certification training for 680 firesafety inspectors; or 681 2. Have received training in another state which is 682 determined by the division to be at least equivalent to that 683 required by the department for approved firesafety inspector 684 education and training programs in this state. 685 Section 19. Paragraph (b) of subsection (4) and subsection 686 (8) of section 633.408, Florida Statutes, are amended, and 687 subsection (9) is added to that section, to read: 688 633.408 Firefighter and volunteer firefighter training and 689 certification.— 690 (4) The division shall issue a firefighter certificate of 691 compliance to an individual who does all of the following: 692 (b) Passes the Minimum Standards Course examination within 693 12 months after completing the required courses. 694 (8)(a) Pursuant to s. 590.02(1)(e), the division shall 695 establish a structural fire training program of not less than 696 206 hours. The division shall issue to a person satisfactorily 697 complying with this training program and who has successfully 698 passed an examination as prescribed by the division and who has 699 met the requirements of s. 590.02(1)(e), a Forestry Certificate 700 of Compliance. 701 (b) An individual who holds a current and valid Forestry 702 Certificate of Compliance is entitled to the same rights, 703 privileges, and benefits provided for by law as a firefighter. 704 (9) A Firefighter Certificate of Compliance or a Volunteer 705 Firefighter Certificate of Completion issued under this section 706 expires 4 years after the date of issuance unless renewed as 707 provided in s. 633.414. 708 Section 20. Section 633.412, Florida Statutes, is amended 709 to read: 710 633.412 Firefighters; qualifications for certification.— 711(1)A person applying for certification as a firefighter 712 must: 713 (1)(a)Be a high school graduate or the equivalent, as the 714 term may be determined by the division, and at least 18 years of 715 age. 716 (2)(b)Not have been convicted of a misdemeanor relating to 717 the certification or to perjury or false statements, or a felony 718 or a crime punishable by imprisonment of 1 year or more under 719 the law of the United States or of any state thereof or under 720 the law of any other country, or dishonorably discharged from 721 any of the Armed Forces of the United States. “Convicted” means 722 a finding of guilt or the acceptance of a plea of guilty or nolo 723 contendere, in any federal or state court or a court in any 724 other country, without regard to whether a judgment of 725 conviction has been entered by the court having jurisdiction of 726 the case. 727 (3)(c)Submit a set of fingerprints to the division with a 728 current processing fee. The fingerprints will be forwarded to 729 the Department of Law Enforcement for state processing and 730 forwarded by the Department of Law Enforcement to the Federal 731 Bureau of Investigation for national processing. 732 (4)(d)Have a good moral character as determined by 733 investigation under procedure established by the division. 734 (5)(e)Be in good physical condition as determined by a 735 medical examination given by a physician, surgeon, or physician 736 assistant licensed to practice in the state pursuant to chapter 737 458; an osteopathic physician, surgeon, or physician assistant 738 licensed to practice in the state pursuant to chapter 459; or an 739 advanced registered nurse practitioner licensed to practice in 740 the state pursuant to chapter 464. Such examination may include, 741 but need not be limited to, the National Fire Protection 742 Association Standard 1582. A medical examination evidencing good 743 physical condition shall be submitted to the division, on a form 744 as provided by rule, before an individual is eligible for 745 admission into a course under s. 633.408. 746 (6)(f)Be a nonuser of tobacco or tobacco products for at 747 least 1 year immediately preceding application, as evidenced by 748 the sworn affidavit of the applicant. 749(2) If the division suspends or revokes an individual’s750certificate, the division must suspend or revoke all other751certificates issued to the individual by the division pursuant752to this part.753 Section 21. Section 633.414, Florida Statutes, is amended 754 to read: 755 633.414 Retention of firefighter, volunteer firefighter, 756 and fire investigator certificationscertification.— 757 (1) In order for a firefighter to retain her or his 758 Firefighter Certificate of Compliance, every 4 years he or she 759 must meet the requirements for renewal provided in this chapter 760 and by rule, which must include at least one of the following: 761 (a) Be active as a firefighter.;762 (b) Maintain a current and valid fire service instructor 763 certificate, instruct at least 40 hours during the 4-year 764 period, and provide proof of such instruction to the division, 765 which proof must be registered in an electronic database 766 designated by the division.;767 (c) Within 6 months before the 4-year period expires, 768 successfully complete a Firefighter Retention Refresher Course 769 consisting of a minimum of 40 hours of training to be prescribed 770 by rule.; or771 (d) Within 6 months before the 4-year period expires, 772 successfully retake and pass the Minimum Standards Course 773 examination pursuant to s. 633.408. 774 (2) In order for a volunteer firefighter to retain her or 775 his Volunteer Firefighter Certificate of Completion, every 4 776 years he or she must: 777 (a) Be active as a volunteer firefighter; or 778 (b) Successfully complete a refresher course consisting of 779 a minimum of 40 hours of training to be prescribed by rule. 780 (3) Subsection (1) does not apply to state-certified 781 firefighters who are certified and employed full-time, as 782 determined by the fire service provider, as firesafety 783 inspectors or fire investigators, regardless of theirher or his784 employment status as firefighters or volunteer firefightersa785firefighter. 786 (4) For the purposes of this section, the term “active” 787 means being employed as a firefighter or providing service as a 788 volunteer firefighter for a cumulative period of 6 months within 789 a 4-year period. 790 (5) The 4-year period begins upon issuance of the 791 certificate or separation from employment:792(a)If the individual is certified on or after July 1,7932013, on the date the certificate is issued or upon termination794of employment or service with a fire department. 795(b)If the individual is certified before July 1, 2013, on796July 1, 2014, or upon termination of employment or service797thereafter.798 (6) A certificate for a firefighter or volunteer 799 firefighter expires if he or she fails to meet the requirements 800 of this section. 801 (7) The State Fire Marshal may deny, refuse to renew, 802 suspend, or revoke the certificate of a firefighter or volunteer 803 firefighter if the State Fire Marshal finds that any of the 804 following grounds exists: 805 (a) Any cause for which issuance of a certificate could 806 have been denied if it had then existed and had been known to 807 the division. 808 (b) A violation of any provision of this chapter or any 809 rule or order of the State Fire Marshal. 810 (c) Falsification of a record relating to any certificate 811 issued by the division. 812 Section 22. Subsections (1) and (2) of section 633.426, 813 Florida Statutes, are amended to read: 814 633.426 Disciplinary action; standards for revocation of 815 certification.— 816 (1) For purposes of this section, the term: 817 (a) “Certificate” means any of the certificates issued 818 under s. 633.406. 819 (b) “Certification” or “certified” meansthe act ofholding 820 a certificate that is current and valid and that meets the 821 requirements for renewal of certification pursuant to this 822 chapter and the rules adopted under this chaptercertificate. 823 (c) “Convicted” means a finding of guilt, or the acceptance 824 of a plea of guilty or nolo contendere, in any federal or state 825 court or a court in any other country, without regard to whether 826 a judgment of conviction has been entered by the court having 827 jurisdiction of the case. 828 (2) Effective July 1, 2013, an individual who holds a 829 certificate is subject to revocation for any of the followingAn830individual is ineligible to apply for certification if the831individual has, at any time,been: 832 (a) ConvictionConvictedof a misdemeanor relating to the 833 certification or to perjury or false statements. 834 (b) ConvictionConvictedof a felony or a crime punishable 835 by imprisonment of 1 year or more under the law of the United 836 States or of any state thereof, or under the law of any other 837 country. 838 (c) Dishonorable dischargeDishonorably dischargedfrom any 839 of the Armed Forces of the United States. 840 Section 23. This act shall take effect July 1, 2016.