Bill Text: FL S1408 | 2021 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Department of Financial Services
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2021-04-26 - Laid on Table, companion bill(s) passed, see CS/HB 823 (Ch. 2021-110), CS/CS/CS/HB 1209 (Ch. 2021-113) [S1408 Detail]
Download: Florida-2021-S1408-Introduced.html
Bill Title: Department of Financial Services
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2021-04-26 - Laid on Table, companion bill(s) passed, see CS/HB 823 (Ch. 2021-110), CS/CS/CS/HB 1209 (Ch. 2021-113) [S1408 Detail]
Download: Florida-2021-S1408-Introduced.html
Florida Senate - 2021 SB 1408 By Senator Burgess 20-00626C-21 20211408__ 1 A bill to be entitled 2 An act relating to the Department of Financial 3 Services; amending s. 20.121, F.S.; specifying powers 4 and duties of the Division of Public Assistance Fraud; 5 amending s. 284.30, F.S.; requiring the State Risk 6 Management Trust Fund to provide insurance for certain 7 firefighter cancer-related benefits; making technical 8 changes; amending s. 284.31, F.S.; requiring the 9 Insurance Risk Management Trust Fund to provide a 10 separate account for certain firefighter cancer 11 related benefits; making technical changes; amending 12 s. 284.385, F.S.; specifying a condition that must be 13 met before certain firefighter cancer-related benefits 14 may be paid from the State Risk Management Trust Fund; 15 making technical changes; creating s. 284.45, F.S.; 16 prohibiting individuals working for entities covered 17 by the State Risk Management Trust Fund from engaging 18 in retaliatory conduct against sexual harassment 19 victims; defining the term “sexual harassment victim”; 20 specifying a criminal penalty for the willful and 21 knowing dissemination of a sexual harassment victim’s 22 personal identifying information, except under certain 23 circumstances; specifying protected personal 24 identifying information; amending s. 497.101, F.S.; 25 revising provisions relating to membership of the 26 Board of Funeral, Cemetery, and Consumer Services 27 within the Department of Financial Services; 28 authorizing use of communications media technology for 29 board member participation and determination of a 30 quorum of the board; defining the term “communications 31 media technology”; deleting a requirement for the 32 department to adopt certain rules; making technical 33 changes; creating s. 497.1411, F.S.; defining terms; 34 providing for permanent disqualification of applicants 35 for licensure under ch. 497, F.S., for certain 36 offenses; providing for disqualifying periods for 37 applicants for certain offenses; requiring the board 38 to adopt rules; providing for calculation of 39 disqualifying periods; providing conditions for 40 licensure after completion of a disqualifying period; 41 specifying the effect of a pardon or restoration of 42 civil rights; providing for exemptions from 43 disqualification if certain conditions are met; 44 requiring an applicant for an exemption to provide 45 certain evidence that he or she will not present a 46 danger if licensed; granting the board the discretion 47 to approve or deny an exemption; providing 48 applicability; providing construction; amending s. 49 497.142, F.S.; revising criminal history disclosure 50 requirements for applicants seeking licensure under 51 ch. 497, F.S.; amending s. 497.157, F.S.; prohibiting 52 persons from acting as or advertising themselves as 53 being funeral directors, embalmers, direct disposers, 54 or preneed sales agents unless they are so licensed; 55 prohibiting persons from engaging in certain 56 activities requiring licensure without holding 57 required licenses; revising the criminal penalty for 58 unlicensed activity; making technical changes; 59 amending s. 497.159, F.S.; conforming a provision to 60 changes made by the act; amending s. 552.081, F.S.; 61 revising the definition of the term “two-component 62 explosives” for the purpose of regulation by the 63 Division of State Fire Marshal; amending s. 553.7921, 64 F.S.; authorizing a contractor repairing certain 65 existing fire alarm systems to begin work after filing 66 an application for a required permit but before 67 receiving the permit; providing construction; amending 68 s. 626.2815, F.S.; revising continuing education 69 requirements for certain persons licensed to solicit, 70 sell, or adjust insurance; amending s. 626.371, F.S.; 71 requiring submission of renewal appointments of 72 certain insurance representatives within a certain 73 timeframe; requiring the department to notify certain 74 insurers or employers regarding inadvertent failures 75 to appoint; requiring insurers and employers to pay 76 certain fees and taxes within a certain timeframe; 77 authorizing the department to issue appointments under 78 certain circumstances; prohibiting the department from 79 considering inadvertent failures to appoint to be 80 violations under certain circumstances; requiring the 81 department to suspend an insurer’s or employer’s 82 authority to appoint licensees under certain 83 circumstances; amending s. 626.8443, F.S.; increasing 84 the maximum period of suspension of a title insurance 85 agent’s or agency’s license; making technical changes; 86 amending s. 626.916, F.S.; deleting a requirement for 87 agents to advise insureds that certain coverage may be 88 available for personal residential property risks to 89 be eligible for export under the Surplus Lines Law; 90 amending s. 626.9551, F.S.; prohibiting requirements 91 for the provision of replacement cost estimators or 92 certain other proprietary business information under 93 certain circumstances; amending s. 627.715, F.S.; 94 providing an exemption from a diligent effort 95 requirement for surplus lines agents exporting 96 contracts or endorsements providing flood coverage; 97 amending s. 633.102, F.S.; revising the authority of 98 certain fire protection system contractors to design 99 or alter certain fire protection systems; providing 100 for resolution of conflicts between the Florida 101 Building Code and the Florida Fire Prevention Code; 102 amending s. 633.136, F.S.; replacing fire protection 103 agencies in the Fire and Emergency Incident 104 Information Reporting Program with fire service 105 providers; revising the composition of the Fire and 106 Emergency Incident Information System Technical 107 Advisory Panel; defining the term “fire service 108 provider”; amending s. 633.202, F.S.; extending a 109 deadline for certain buildings to comply with a 110 minimum radio signal strength requirement under the 111 Florida Fire Prevention Code; requiring such buildings 112 to meet certain conditions by a specified date; 113 revising a condition that existing apartment buildings 114 must meet by a specified date; making technical 115 changes; creating s. 633.217, F.S.; prohibiting 116 certain acts to influence a firesafety inspector to 117 violate certain laws; prohibiting a firesafety 118 inspector from knowingly and willfully accepting an 119 attempt to influence him or her to violate certain 120 laws; amending s. 633.402, F.S.; revising the 121 composition of the Firefighters Employment, Standards, 122 and Training Council; amending s. 633.416, F.S.; 123 providing that certain persons serving as volunteer 124 firefighters may serve as a regular or permanent 125 firefighter for a limited period, subject to certain 126 restrictions; amending s. 648.30, F.S.; prohibiting 127 the aiding or abetting of unlicensed activity of a 128 bail bond agent or temporary bail bond agent; 129 providing criminal penalties; amending s. 843.08, 130 F.S.; prohibiting false personation of personnel or 131 representatives of the Division of Investigative and 132 Forensic Services; amending s. 943.045, F.S.; revising 133 the definition of the term “criminal justice agency” 134 to include the investigations component of the 135 department which investigates certain crimes; 136 reenacting s. 497.141(5)(a), F.S., relating to 137 licensing and general application procedures, to 138 incorporate the amendment made to s. 497.142, F.S., in 139 a reference thereto; providing effective dates. 140 141 Be It Enacted by the Legislature of the State of Florida: 142 143 Section 1. Paragraph (f) of subsection (2) of section 144 20.121, Florida Statutes, is amended to read: 145 20.121 Department of Financial Services.—There is created a 146 Department of Financial Services. 147 (2) DIVISIONS.—The Department of Financial Services shall 148 consist of the following divisions and office: 149 (f) The Division of Public Assistance Fraud, which shall 150 function as a criminal justice agency for purposes of ss. 151 943.045-943.08. The division shall conduct investigations 152 pursuant to s. 414.411 within or outside of this state as it 153 deems necessary. If, during an investigation, the division has 154 reason to believe that any criminal law of this state has or may 155 have been violated, it shall refer any records supporting such 156 violation to state or federal law enforcement or prosecutorial 157 agencies and shall provide investigative assistance to those 158 agencies as required. 159 Section 2. Section 284.30, Florida Statutes, is amended to 160 read: 161 284.30 State Risk Management Trust Fund; coverages to be 162 provided.—A state self-insurance fund, designated as the “State 163 Risk Management Trust Fund,” is created to be set up by the 164 Department of Financial Services and administered with a program 165 of risk management, which fund is to provide insurance, as 166 authorized by s. 284.33, for workers’ compensation, general 167 liability, fleet automotive liability, federal civil rights 168 actions under 42 U.S.C. s. 1983 or similar federal statutes, 169 benefits payable under s. 112.1816(2), and court-awarded 170 attorneyattorney’sfees in other proceedings against the state 171 except for such awards in eminent domain or for inverse 172 condemnation or for awards by the Public Employees Relations 173 Commission. A party to a suit in any court, to be entitled to 174 have his or her attorneyattorney’sfees paid by the state or 175 any of its agencies, must serve a copy of the pleading claiming 176 the fees on the Department of Financial Services; and thereafter 177 the department shall be entitled to participate with the agency 178 in the defense of the suit and any appeal thereof with respect 179 to such fees. 180 Section 3. Section 284.31, Florida Statutes, is amended to 181 read: 182 284.31 Scope and types of coverages; separate accounts.—The 183 Insurance Risk Management Trust Fund mustshall, unless 184 specifically excluded by the Department of Financial Services, 185 cover all departments of the State of Florida and their 186 employees, agents, and volunteers and mustshallprovide 187 separate accounts for workers’ compensation, general liability, 188 fleet automotive liability, federal civil rights actions under 189 42 U.S.C. s. 1983 or similar federal statutes, benefits payable 190 under s. 112.1816(2), and court-awarded attorneyattorney’sfees 191 in other proceedings against the state except for such awards in 192 eminent domain or for inverse condemnation or for awards by the 193 Public Employees Relations Commission. Unless specifically 194 excluded by the Department of Financial Services, the Insurance 195 Risk Management Trust Fund mustshallprovide fleet automotive 196 liability coverage to motor vehicles titled to the state, or to 197 any department of the state, when such motor vehicles are used 198 by community transportation coordinators performing, under 199 contract to the appropriate department of the state, services 200 for the transportation disadvantaged under part I of chapter 201 427. Such fleet automotive liability coverage isshall be202 primary and isshall besubject tothe provisions ofs. 768.28 203 and parts II and III of chapter 284, and applicable rules 204 adopted thereunder, and the terms and conditions of the 205 certificate of coverage issued by the Department of Financial 206 Services. 207 Section 4. Section 284.385, Florida Statutes, is amended to 208 read: 209 284.385 Reporting and handling of claims.— 210 (1) All departments covered by the State Risk Management 211 Trust Fund under this part shall immediately report all known or 212 potential claims to the Department of Financial Services for 213 handling, except employment complaints thatwhichhave not been 214 filed with the Florida Human Relations Commission, Equal 215 Employment Opportunity Commission, or any similar agency. When 216 deemed necessary, the Department of Financial Services shall 217 assign or reassign the claim to counsel. The assigned counsel 218 shall report regularly to the Department of Financial Services 219 or to the covered department on the status of any such claims or 220 litigation as required by the Department of Financial Services. 221NoSuch claims may notclaim shallbe compromised or settled for 222 monetary compensation without the prior approval of the 223 Department of Financial Services and prior notification to the 224 covered department. All departments shall cooperate with the 225 Department of Financial Services in its handling of claims. The 226 Department of Financial Services and the Department of 227 Management Services, with the cooperation of the state attorneys 228 and the clerks of the courts, shall develop a system to 229 coordinate the exchange of information concerning claims for and 230 against the state, its agencies, and its subdivisions, to assist 231 in collection of amounts due to them. The covered department is 232 responsibleshall have the responsibilityfor the settlement of 233 any claim for injunctive or affirmative relief under 42 U.S.C. 234 s. 1983 or similar federal or state statutes. The payment of a 235 settlement or judgment for any claim covered and reported under 236 this part mayshallbe made only from the State Risk Management 237 Trust Fund. 238 (2) Benefits provided under s. 112.1816(2) may not be paid 239 from the fund until each request for any out-of-pocket 240 deductible, copayment, or coinsurance costs and one-time cash 241 payout has been validated and approved by the Department of 242 Management Services. 243 Section 5. Section 284.45, Florida Statutes, is created to 244 read: 245 284.45 Sexual harassment victims.— 246 (1) An individual working for an entity covered by the 247 State Risk Management Trust Fund may not engage in retaliatory 248 conduct of any kind against a sexual harassment victim. As used 249 in this section, the term “sexual harassment victim” means an 250 individual employed, or being considered for employment, with an 251 entity participating in the State Risk Management Trust Fund who 252 becomes a victim of workplace sexual harassment through the 253 course of employment, or while being considered for employment, 254 with the entity. 255 (2) The willful and knowing dissemination of personal 256 identifying information of a sexual harassment victim, which is 257 confidential and exempt pursuant to s. 119.071(2)(n), to any 258 party other than a governmental entity in furtherance of its 259 official duties or pursuant to a court order is a misdemeanor of 260 the first degree, punishable as provided in s. 775.082. For 261 purposes of this subsection, the term “personal identifying 262 information” includes the name of the sexual harassment victim 263 and his or her: 264 (a) Home address; 265 (b) Home phone number; 266 (c) Cellular phone number; 267 (d) E-mail address; 268 (e) Social media account username or uniform resource 269 locator (URL); or 270 (f) Any other information that could reasonably be used to 271 identify an alleged sexual harassment victim. 272 Section 6. Subsections (1), (2), (3), (6), and (8) of 273 section 497.101, Florida Statutes, are amended to read: 274 497.101 Board of Funeral, Cemetery, and Consumer Services; 275 membership; appointment; terms.— 276 (1) The Board of Funeral, Cemetery, and Consumer Services 277 is created within the Department of Financial Services and shall 278 consist of 10 members, 9 of whom shall be appointed by the 279 Governor from nominations made by the Chief Financial Officer 280 and confirmed by the Senate. The Chief Financial Officer shall 281 nominate one to three persons for each of the nine vacancies on 282 the board, and the Governor shall fill each vacancy on the board 283 by appointing one of thethreepersons nominated by the Chief 284 Financial Officer to fill that vacancy. If the Governor objects 285 to each of thethreenominations for a vacancy, she or he shall 286 inform the Chief Financial Officer in writing. Upon notification 287 of an objection by the Governor, the Chief Financial Officer 288 shall submit one to three additional nominations for that 289 vacancy until the vacancy is filled. One member must be the 290 State Health Officer or her or his designee. 291 (2) Two members of the board mustshallbe funeral 292 directors licensed under part III of this chapter who are 293 associated with a funeral establishment. One member of the board 294 mustshallbe a funeral director licensed under part III of this 295 chapter who is associated with a funeral establishment licensed 296 under part III of this chapter whichthathas a valid preneed 297 license issued pursuant to this chapter and who owns or operates 298 a cinerator facility approved under chapter 403 and licensed 299 under part VI of this chapter. Two members of the board must 300shallbe persons whose primary occupation is associated with a 301 cemetery company licensed pursuant to this chapter. TwoThree302 members of the board mustshallbe consumers who are residents 303 of thisthestate, have never been licensed as funeral directors 304 or embalmers, are not connected with a cemetery or cemetery 305 company licensed pursuant to this chapter, and are not connected 306 with the death care industry or the practice of embalming, 307 funeral directing, or direct disposition. One of the two 308 consumer members mustshallbe at least 60 years of age, and one309shall be licensed as a certified public accountant under chapter310473. One member of the board must be a consumer who is a 311 resident of this state; is licensed as a certified public 312 accountant under chapter 473; has never been licensed as a 313 funeral director or an embalmer; is not a principal or an 314 employee of any licensee licensed under this chapter; and does 315 not otherwise have control, as defined in s. 497.005, over any 316 licensee licensed under this chapter. One member of the board 317 mustshallbe a principal of a monument establishment licensed 318 under this chapter as a monument builder. One member mustshall319 be the State Health Officer or her or his designee. There may 320shallnot be two or more board members who are principals or 321 employees of the same company or partnership or group of 322 companies or partnerships under common control. 323 (3) Board members shall be appointed for terms of 4 years, 324 and the State Health Officer shall serve as long as that person 325 holds that office. The designee of the State Health Officer 326 shall serve at the pleasure of the Governor.When the terms of327the initial board members expire, the Chief Financial Officer328shall stagger the terms of the successor members as follows: one329funeral director, one cemetery representative, the monument330builder, and one consumer member shall be appointed for terms of3312 years, and the remaining members shall be appointed for terms332of 4 years. All subsequent terms shall be for 4 years.333 (6) The board shall maintain its headquarters and records 334of the board shall bein the Division of Funeral, Cemetery, and 335 Consumer Services of the Department of Financial Services in the 336 City of Tallahassee. The board may be contacted through the 337 Division of Funeral, Cemetery, and Consumer Services of the 338 Department of Financial Services in the City of Tallahassee. The 339 Chief Financial Officer shall annually appoint from among the 340 board members a chair and vice chair of the board. The board 341 shall meet at least every 6 months, and more often as necessary. 342 Special meetings of the board shall be convened upon the 343 direction of the Chief Financial Officer. A quorum is necessary 344 for the conduct of business by the board. The participation by a 345 board member in a meeting conducted through communications media 346 technology constitutes that individual’s presence at such 347 meeting. Board members appearing at a board meeting in person as 348 well as board members appearing through the use of 349 communications media technology shall be counted for the 350 determination of a quorum. As used in this subsection, 351 “communications media technology” means the electronic 352 transmission of printed matter, audio, full-motion video, 353 freeze-frame video, compressed video, and digital video by any 354 method available. Unless otherwise provided by law, a majority 355 of the board members eligible to vote constitutes a quorum for 356 the purpose of conducting its businesssix board members shall357constitute a quorum for the conduct of the board’s business. 358(8)The department shall adopt rules establishing forms by359which persons may apply for membership on the board and360procedures for applying for such membership. Such forms shall361require disclosure of the existence and nature of all current362and past employments by or contracts with, and direct or363indirect affiliations or interests in, any entity or business364that at any time was licensed by the board or by the former365Board of Funeral and Cemetery Services or the former Board of366Funeral Directors and Embalmers or that is or was otherwise367involved in the death care industry, as specified by department368rule.369 Section 7. Section 497.1411, Florida Statutes, is created 370 to read: 371 497.1411 Disqualification of applicants and licensees; 372 penalties against licensees; rulemaking.— 373 (1) For purposes of this section, the term: 374 (a) “Applicant” means an individual applying for licensure 375 or relicensure under this chapter, or an officer, a director, a 376 majority owner, a partner, a manager, or another person who 377 manages or controls an entity applying for licensure or 378 relicensure under this chapter. 379 (b) “Felony of the first degree” or “capital felony” 380 includes all felonies designated as such in this state at the 381 time of the commission of the offense, as well as any offense in 382 another jurisdiction which is substantially similar to an 383 offense so designated in this state. 384 (c) “Financial services business” means any financial 385 activity regulated by the department, the Office of Insurance 386 Regulation, or the Office of Financial Regulation. 387 (2) An applicant who has been found guilty of, or has 388 pleaded guilty or nolo contendere to any of the following 389 crimes, regardless of adjudication, is permanently barred from 390 licensure under this chapter: 391 (a) A felony of the first degree. 392 (b) A capital felony. 393 (c) A felony money laundering offense. 394 (d) A felony embezzlement. 395 (3) An applicant who has been found guilty of, or has 396 pleaded guilty or nolo contendere to a crime not included in 397 subsection (2), regardless of adjudication, is subject to: 398 (a) A 10-year disqualifying period for all felonies 399 involving moral turpitude which are not specifically included in 400 the permanent bar from licensure contained in subsection (2). 401 (b) A 5-year disqualifying period for all felonies to which 402 neither the permanent bar from licensure in subsection (2) nor 403 the 10-year disqualifying period in paragraph (a) applies. 404 (c) A 5-year disqualifying period for all misdemeanors 405 directly related to the financial services business. 406 (4) The board shall adopt rules to administer this section. 407 The rules must provide for additional disqualifying periods due 408 to the commitment of multiple crimes and may include other 409 factors reasonably related to the applicant’s criminal history. 410 The rules must provide for mitigating and aggravating factors. 411 However, mitigation may not result in a period of 412 disqualification of less than 5 years and may not mitigate the 413 disqualifying periods in paragraphs (3)(b) and (c). 414 (5) For purposes of this section, a disqualifying period 415 begins upon the applicant’s final release from supervision or 416 upon completion of the applicant’s criminal sentence. The 417 department may not issue a license to an applicant unless all 418 related fines, court costs and fees, and court-ordered 419 restitution have been paid. 420 (6) After the disqualifying period has expired, the burden 421 is on the applicant to demonstrate that he or she has been 422 rehabilitated, does not pose a risk to the public, is fit and 423 trustworthy to engage in business regulated by this chapter, and 424 is otherwise qualified for licensure. 425 (7) Notwithstanding subsections (2) and (3), an applicant 426 who has been found guilty of, or has pleaded guilty or nolo 427 contendere to, a crime in subsection (2) or subsection (3) and 428 who has subsequently been granted a pardon or the restoration of 429 civil rights pursuant to chapter 940 and s. 8, Art. IV of the 430 State Constitution, or a pardon or the restoration of civil 431 rights under the laws of another jurisdiction with respect to a 432 conviction in that jurisdiction, is not barred or disqualified 433 from licensure under this chapter. However, such a pardon or 434 restoration of civil rights does not require the department to 435 award such license. 436 (8)(a) The board may grant an exemption from 437 disqualification to any person disqualified from licensure under 438 subsection (3) if: 439 1. The applicant has paid in full any fee, fine, fund, 440 lien, civil judgment, restitution, or cost of prosecution 441 imposed by the court as part of the judgment and sentence for 442 any disqualifying offense; and 443 2. At least 5 years have elapsed since the applicant 444 completed or has been lawfully released from confinement, 445 supervision, or a nonmonetary condition imposed by the court for 446 a disqualifying offense. 447 (b) For the board to grant an exemption under this 448 subsection, the applicant must clearly and convincingly 449 demonstrate that he or she would not pose a risk to persons or 450 property if licensed under this chapter, evidence of which must 451 include, but need not be limited to, facts and circumstances 452 surrounding the disqualifying offense, the time that has elapsed 453 since the offense, the nature of the offense and harm caused to 454 the victim, the applicant’s history before and after the 455 offense, and any other evidence or circumstances indicating that 456 the applicant will not present a danger if licensed or 457 certified. 458 (c) The board has discretion whether to grant or deny an 459 exemption under this subsection. The board’s decision is subject 460 to chapter 120. 461 (9) The disqualification periods provided in this section 462 do not apply to the renewal of a license or to a new application 463 for licensure if the applicant has an active license as of July 464 1, 2021, and the applicable criminal history was considered by 465 the board on the prior approval of any active license held by 466 the applicant. This subsection does not affect any criminal 467 history disclosure requirements of this chapter. 468 Section 8. Subsection (9) and paragraph (c) of subsection 469 (10) of section 497.142, Florida Statutes, are amended to read: 470 497.142 Licensing; fingerprinting and criminal background 471 checks.— 472 (9) If any applicant under this chapter has been, within473the 10 years preceding the application under this chapter,474 convicted or found guilty of, or entered a plea of nolo 475 contendere to, regardless of adjudication, any crime in any 476 jurisdiction, the application shall not be deemed complete until 477 such time as the applicant provides such certified true copies 478 of the court records evidencing the conviction, finding, or plea 479 as required by this section or,as the licensing authority may 480 by rule require. 481 (10)(c) Crimes to be disclosed are: 482 1. Any felonyor misdemeanor, no matter when committed,483that was directly or indirectly related to or involving any484aspect of the practice or business of funeral directing,485embalming, direct disposition, cremation, funeral or cemetery486preneed sales, funeral establishment operations, cemetery487operations, or cemetery monument or marker sales or488installation. 489 2. Any misdemeanor, no matter when committed, which was 490 directly or indirectly related to the financial services 491 business as defined in s. 497.1411Any other felony not already492disclosed under subparagraph 1. that was committed within the 20493years immediately preceding the application under this chapter. 494 3. Any other misdemeanor not already disclosed under 495 subparagraph 2. whichsubparagraph 1. thatwas committed within 496 the 5 years immediately preceding the application under this 497 chapter. 498 Section 9. Present subsections (2) through (5) of section 499 497.157, Florida Statutes, are redesignated as subsections (4) 500 through (7), respectively, new subsections (2) and (3) and 501 subsection (8) are added to that section, and present subsection 502 (3) of that section is amended, to read: 503 497.157 Unlicensed practice; remedies concerning violations 504 by unlicensed persons.— 505 (2) A person may not be, act as, or advertise or hold 506 himself or herself out to be a funeral director, an embalmer, or 507 a direct disposer unless he or she is currently licensed by the 508 department. 509 (3) A person may not be, act as, or advertise or hold 510 himself or herself out to be a preneed sales agent unless he or 511 she is currently licensed by the department and appointed by a 512 preneed main licensee for which he or she is executing preneed 513 contracts. 514 (5)(3)Where the department determines that an emergency 515 exists regarding any violation of this chapter by any unlicensed 516 person or entity, the department may issue and serve an 517 immediate final order upon such unlicensed person or entity, in 518 accordance with s. 120.569(2)(n). Such an immediate final order 519 may impose such prohibitions and requirements as are reasonably 520 necessary to protect the public health, safety, and welfare, and 521 isshall beeffective when served. 522 (a) For the purpose of enforcing such an immediate final 523 order, the department may file an emergency or other proceeding 524 in the circuit courts of the state seeking enforcement of the 525 immediate final order by injunctive or other order of the court. 526 The court shall issue its injunction or other order enforcing 527 the immediate final order pending administrative resolution of 528 the matter under subsection (4)(2), unless the court determines 529 that such action would work a manifest injustice under the 530 circumstances. Venue for judicial actions under this paragraph 531 mustshallbe, at the election of the department, in the courts 532 of Leon County,or in a county where the respondent resides or 533 has a place of business. 534 (b) After serving an immediate final order to cease and 535 desist upon any person or entity, the department shall within 10 536 days issue and serve upon the same person or entity an 537 administrative complaint as set forth in subsection (4)(2), 538 except that, absent order of a court to the contrary, the 539 immediate final order willshallbe effective throughout the 540 pendency of proceedings under subsection (4)(2). 541 (8) Any person who is not licensed under this chapter and 542 who engages in activity requiring licensure under this chapter 543 commits a felony of the third degree, punishable as provided in 544 s. 775.082, s. 775.083, or s. 775.084. 545 Section 10. Subsection (6) of section 497.159, Florida 546 Statutes, is amended to read: 547 497.159 Crimes.— 548(6) Any person who is not licensed under this chapter who549engages in activity requiring licensure under this chapter,550commits a misdemeanor of the second degree, punishable as551provided in s. 775.082 or s. 775.083.552 Section 11. Subsection (13) of section 552.081, Florida 553 Statutes, is amended to read: 554 552.081 Definitions.—As used in this chapter: 555 (13) “Two-component explosives” means any two inert 556 components thatwhich, when mixed, become capable of detonation 557 by a detonatora No. 6 blasting cap, and shall be classified as 558 a Class “A” explosive when so mixed. 559 Section 12. Present subsection (2) of section 553.7921, 560 Florida Statutes, is redesignated as subsection (3), a new 561 subsection (2) is added to that section, and subsection (1) of 562 that section is amended, to read: 563 553.7921 Fire alarm permit application to local enforcement 564 agency.— 565 (1) A contractor must file a Uniform Fire Alarm Permit 566 Application as provided in subsection (3)(2)with the local 567 enforcement agency and must receive the fire alarm permit 568 before:569(a)installing or replacing a fire alarm, if the local 570 enforcement agency requires a plan review for the installation 571 or replacement; or572(b) Repairing an existing alarm system that was previously573permitted by the local enforcement agency if the local574enforcement agency requires a fire alarm permit for the repair. 575 (2) If the local enforcement agency requires a fire alarm 576 permit to repair an existing alarm system that was previously 577 permitted by the local enforcement agency, a contractor may 578 begin work after filing a Uniform Fire Alarm Permit Application 579 as provided in subsection (3). A fire alarm repaired pursuant to 580 this subsection may not be considered compliant until the 581 required permit is issued and the local enforcement agency 582 approves the repair. 583 Section 13. Effective January 1, 2022, subsection (3) of 584 section 626.2815, Florida Statutes, is amended to read: 585 626.2815 Continuing education requirements.— 586 (3) Each licensee except a title insurance agent must 587 complete a 4-hour5-hourupdate course every 2 years which is 588 specific to the license held by the licensee. The course must be 589 developed and offered by providers and approved by the 590 department. The content of the course must address all lines of 591 insurance for which examination and licensure are required and 592 include the following subject areas: insurance law updates, 593 ethics for insurance professionals, disciplinary trends and case 594 studies, industry trends, premium discounts, determining 595 suitability of products and services, and other similar 596 insurance-related topics the department determines are relevant 597 to legally and ethically carrying out the responsibilities of 598 the license granted. A licensee who holds multiple insurance 599 licenses must complete an update course that is specific to at 600 least one of the licenses held. Except as otherwise specified, 601 any remaining required hours of continuing education are 602 elective and may consist of any continuing education course 603 approved by the department under this section. 604 (a) Except as provided in paragraphs (b), (c), (d), (e), 605 (i), and (j), each licensee must also complete 2019hours of 606 elective continuing education courses every 2 years. 607 (b) A licensee who has been licensed for 6 or more years 608 must also complete a minimum of 1615hours of elective 609 continuing education every 2 years. 610 (c) A licensee who has been licensed for 25 years or more 611 and is a CLU or a CPCU or has a Bachelor of Science degree in 612 risk management or insurance with evidence of 18 or more 613 semester hours in insurance-related courses must also complete a 614 minimum of 65hours of elective continuing education courses 615 every 2 years. 616 (d) An individual who holds a license as a customer 617 representative and who is not a licensed life or health agent 618 must also complete a minimum of 65hours of continuing 619 education courses every 2 years. 620 (e) An individual subject to chapter 648 must complete the 621 4-hour5-hourupdate course and a minimum of 109hours of 622 elective continuing education courses every 2 years. 623 (f) Elective continuing education courses for public 624 adjusters must be specifically designed for public adjusters and 625 approved by the department. Notwithstanding this subsection, 626 public adjusters for workers’ compensation insurance or health 627 insurance are not required to take continuing education courses 628 pursuant to this section. 629 (g) Excess hours accumulated during any 2-year compliance 630 period may be carried forward to the next compliance period. 631 (h) An individual teaching an approved course of 632 instruction or lecturing at any approved seminar and attending 633 the entire course or seminar qualifies for the same number of 634 classroom hours as would be granted to a person taking and 635 successfully completing such course or seminar. Credit is 636 limited to the number of hours actually taught unless a person 637 attends the entire course or seminar. An individual who is an 638 official of or employed by a governmental entity in this state 639 and serves as a professor, instructor, or in another position or 640 office, the duties and responsibilities of which are determined 641 by the department to require monitoring and review of insurance 642 laws or insurance regulations and practices, is exempt from this 643 section. 644 (i) For compliance periods beginning on or after October 1, 645 2014, any person who holds a license as a title insurance agent 646 must complete a minimum of 10 hours of continuing education 647 credit every 2 years in title insurance and escrow management 648 specific to this state and approved by the department, which 649 mustshallinclude at least 3 hours of continuing education on 650 the subject matter of ethics, rules, or compliance with state 651 and federal regulations relating specifically to title insurance 652 and closing services. 653 (j) For a licensee who is an active participant in an 654 association, 2 hours of elective continuing education credit per 655 calendar year may be approved by the department, if properly 656 reported by the association. 657 Section 14. Subsections (1) and (2) of section 626.371, 658 Florida Statutes, are amended to read: 659 626.371 Payment of fees, taxes for appointment period 660 without appointment.— 661 (1) All initial and renewal appointments shall be submitted 662 to the department on a monthly basis no later than 45 days after 663 the date of appointment and become effective on the date 664 requested on the appointment form. 665 (2)(a) If, upon application and qualification for an 666 initial or renewal appointment and such investigation as the 667 department may make,it appears tothe department determines 668 that an individual has not been properly appointed to represent 669 an insurer or employer, that such individualwhowas formerly 670 licensed or is currently licensed,but not properly appointed to671represent an insurer or employerand that such individualwho672 has been actively engaged or is currently actively engaged as 673 such an appointee,but without being appointed as required,the 674 department shallmay, if it finds that such failure to be 675 appointed was an inadvertent error on the part of the insurer or 676 employer so represented, notify the insurer or employer of its 677 finding and of the requirement to pay all fees and taxes due 678 pursuant to paragraph (b) within 21 days. 679 (b) The department mayneverthelessissue or authorize the 680 issuance of the appointment upon the insurer’s or employer’s 681 timely payment to the department ofas applied for but subject682to the condition that, before the appointment is issued,all 683 fees and taxes thatwhichwould have been due had the applicant 684 been properlysoappointed during such current and prior 685 periods, includingwith applicablefees that would have been due 686 pursuant to s. 624.501 for such current and prior periods of 687 appointment, shall be paid to the department. 688 (c) Upon proper appointment of the individual and payment 689 of all fees and taxes due pursuant to paragraph (b), paragraph 690 (3)(a), and s. 624.501 by the insurer or employer, the 691 department may no longer consider the inadvertent failure to 692 appoint to be a violation of this code. 693 (d) If the insurer or employer does not pay the fees and 694 taxes due pursuant to paragraph (b) within 21 days after notice 695 by the department, the department shall suspend the insurer’s or 696 employer’s authority to appoint licensees until all outstanding 697 fees have been paid. 698 Section 15. Subsection (1) of section 626.8443, Florida 699 Statutes, is amended to read: 700 626.8443 Duration of suspension or revocation.— 701 (1) The department shall, in its order suspending a title 702 insurance agent’s or agency’s license or appointment or in its 703 order suspending the eligibility of a person to hold or apply 704 for such license or appointment, specify the period during which 705 the suspension is to be in effect, but such period mayshallnot 706 exceed 2 years1 year. The license,orappointment, or 707 eligibility willshallremain suspended during the period so 708 specified, subject, however, to any rescission or modification 709 of the order by the department, or modification or reversal 710 thereof by the court, prior to expiration of the suspension 711 period. A license, appointment, or eligibility thatwhichhas 712 been suspended may not be reinstated except upon request for 713 such reinstatement, but the department mayshallnot grant such 714 reinstatement if it finds that the circumstance or circumstances 715 for which the license, appointment, and eligibility was 716 suspended still exist or are likely to recur. 717 Section 16. Paragraph (e) of subsection (1) of section 718 626.916, Florida Statutes, is amended to read: 719 626.916 Eligibility for export.— 720 (1) No insurance coverage shall be eligible for export 721 unless it meets all of the following conditions: 722(e) For personal residential property risks, the retail or723producing agent must advise the insured in writing that coverage724may be available and may be less expensive from Citizens725Property Insurance Corporation. The notice must include other726information that states that assessments by Citizens Property727Insurance Corporation are higher and the coverage provided by728Citizens Property Insurance Corporation may be less than the729property’s existing coverage. If the notice is signed by the730insured, it is presumed that the insured has been informed and731knows that policies from Citizens Property Insurance Corporation732may be less expensive, may provide less coverage, and will be733accompanied by higher assessments.734 Section 17. Paragraph (e) is added to subsection (1) of 735 section 626.9551, Florida Statutes, to read: 736 626.9551 Favored agent or insurer; coercion of debtors.— 737 (1) No person may: 738 (e) Require, directly or indirectly, the provision of, and 739 an insurance agent or a broker may not provide, directly or 740 indirectly, as a condition precedent or condition subsequent to 741 the lending of money or extension of credit to be secured by 742 real property, the replacement cost estimator or other 743 underwriting information that is proprietary business 744 information, as defined in s. 624.4212(1), to the insurer 745 underwriting the insurance policy covering such property. 746 Section 18. Present subsections (4) through (10) of section 747 627.715, Florida Statutes, are redesignated as subsections (5) 748 through (11), respectively, and a new subsection (4) is added to 749 that section, to read: 750 627.715 Flood insurance.—An authorized insurer may issue an 751 insurance policy, contract, or endorsement providing personal 752 lines residential coverage for the peril of flood or excess 753 coverage for the peril of flood on any structure or the contents 754 of personal property contained therein, subject to this section. 755 This section does not apply to commercial lines residential or 756 commercial lines nonresidential coverage for the peril of flood. 757 An insurer may issue flood insurance policies, contracts, 758 endorsements, or excess coverage on a standard, preferred, 759 customized, flexible, or supplemental basis. 760 (4) A surplus lines agent may export a contract or an 761 endorsement providing flood coverage to an eligible surplus 762 lines insurer without making a diligent effort to seek such 763 coverage from three or more authorized insurers under s. 764 626.916(1)(a). If there are fewer than three admitted insurers, 765 the number of declinations necessary to meet the diligent-effort 766 requirement may not be fewer than the number of authorized 767 insurers providing flood coverage. 768 Section 19. Subsection (3) of section 633.102, Florida 769 Statutes, is amended to read: 770 633.102 Definitions.—As used in this chapter, the term: 771 (3)(a) “Contractor I” means a contractor whose business 772 includes the execution of contracts requiring the ability to lay 773 out, fabricate, install, inspect, alter, repair, and service all 774 types of fire protection systems, excluding preengineered 775 systems. 776 (b) “Contractor II” means a contractor whose business is 777 limited to the execution of contracts requiring the ability to 778 lay out, fabricate, install, inspect, alter, repair, and service 779 water sprinkler systems, water spray systems, foam-water 780 sprinkler systems, foam-water spray systems, standpipes, 781 combination standpipes and sprinkler risers, all piping that is 782 an integral part of the system beginning at the point of service 783 as defined in this section, sprinkler tank heaters, air lines, 784 thermal systems used in connection with sprinklers, and tanks 785 and pumps connected thereto, excluding preengineered systems. 786 (c) “Contractor III” means a contractor whose business is 787 limited to the execution of contracts requiring the ability to 788 fabricate, install, inspect, alter, repair, and service carbon 789 dioxide systems, foam extinguishing systems, dry chemical 790 systems, and Halon and other chemical systems, excluding 791 preengineered systems. 792 (d) “Contractor IV” means a contractor whose business is 793 limited to the execution of contracts requiring the ability to 794 lay out, fabricate, install, inspect, alter, repair, and service 795 automatic fire sprinkler systems for detached one-family 796 dwellings, detached two-family dwellings, and mobile homes, 797 excluding preengineered systems and excluding single-family 798 homes in cluster units, such as apartments, condominiums, and 799 assisted living facilities or any building that is connected to 800 other dwellings. A Contractor IV is limited to the scope of 801 practice specified in NFPA 13D. 802 (e) “Contractor V” means a contractor whose business is 803 limited to the execution of contracts requiring the ability to 804 fabricate, install, inspect, alter, repair, and service the 805 underground piping for a fire protection system using water as 806 the extinguishing agent beginning at the point of service as 807 defined in this act and ending no more than 1 foot above the 808 finished floor. 809 810The definitions inThis subsection may not be construed to 811 include engineers or architects within the defined terms and 812 doesdonot limit or prohibit a licensed fire protection 813 engineer or architect with fire protection design experience 814 from designing any type of fire protection system. A distinction 815 is made between system design concepts prepared by the design 816 professional and system layout as defined in this section and 817 typically prepared by the contractor. However, a person 818 certified as a Contractor I or,Contractor II, or Contractor IV819under this chaptermay design new fire protection systems of 49 820 or fewer sprinklers;, andmay design the alteration of an 821 existing fire sprinkler system if the alteration consists of the 822 relocation, addition, or deletion ofnot more than49 or fewer 823 sprinklers, notwithstanding the size of the existing fire 824 sprinkler system; or may design the alteration of an existing 825 fire sprinkler system if the alteration consists of the 826 relocation or deletion of 249 or fewer sprinklers, 827 notwithstanding the size of the existing fire sprinkler system, 828 if there is no change of occupancy, as defined in the Florida 829 Building Code and the Florida Fire Prevention Code, of the 830 affected areas and there is no change in the water demand as 831 defined in NFPA 13, “Standard for the Installation of Sprinkler 832 Systems,” and if the occupancy hazard classification as defined 833 in NFPA 13 is reduced or remains the same as a result of the 834 alteration. Conflicts between the Florida Building Code and the 835 Florida Fire Prevention Code shall be resolved pursuant to s. 836 553.73(1)(d). A person certified as a Contractor I, Contractor 837 II, or Contractor IV may design or alter a fire protection 838 system, the scope of which complies with NFPA 13D, “Standard for 839 the Installation of Sprinkler Systems in One- and Two-Family 840 Dwellings and Manufactured Homes,” as adopted by the State Fire 841 Marshal, notwithstanding the number of fire sprinklers. 842 Contractor-developed plans may not be required by any local 843 permitting authority to be sealed by a registered professional 844 engineer. 845 Section 20. Section 633.136, Florida Statutes, is amended 846 to read: 847 633.136 Fire and Emergency Incident Information Reporting 848 Program; duties; fire reports.— 849 (1)(a) The Fire and Emergency Incident Information 850 Reporting Program is created within the division. The program 851 shall: 852 1. Establish and maintain an electronic communication 853 system capable of transmitting fire and emergency incident 854 information to and between fire service providersprotection855agencies. 856 2. Initiate a Fire and Emergency Incident Information 857 Reporting System that isshall beresponsible for: 858 a. Receiving fire and emergency incident information from 859 fire service providersprotection agencies. 860 b. Preparing and disseminating annual reports to the 861 Governor, the President of the Senate, the Speaker of the House 862 of Representatives, fire service providersprotection agencies, 863 and, upon request, the public. Each report mustshallinclude, 864 but not be limited to, the information listed in the National 865 Fire Incident Reporting System. 866 c. Upon request, providing other states and federal 867 agencies with fire and emergency incident data of this state. 868 3. Adopt rules to effectively and efficiently implement, 869 administer, manage, maintain, and use the Fire and Emergency 870 Incident Information Reporting Program. The rules shall be 871 considered minimum requirements and mayshallnot preclude a 872 fire service providerprotection agencyfrom implementing its 873 own requirements thatwhichmay not conflict with the rules of 874 the division. 875 4. By rule, establish procedures and a format for each fire 876 service providerprotection agencyto voluntarily monitor its 877 records and submit reports to the program. 878 5. MaintainEstablishan electronic information database 879 that is accessible and searchable by fire service providers 880protection agencies. 881 (b) The division shall consult with the Florida Forest 882 Service of the Department of Agriculture and Consumer Services 883 and the State Surgeon General of the Department of Health to 884 coordinate data, ensure accuracy of the data, and limit 885 duplication of efforts in data collection, analysis, and 886 reporting. 887 (2) The Fire and Emergency Incident Information System 888 Technical Advisory Panel is created within the division. The 889 panel shall advise, review, and recommend to the State Fire 890 Marshal with respect to the requirements of this section. The 891 membership of the panel consistsshall consistof thefollowing892 15 members:893(a) The current 13 membersof the Firefighters Employment, 894 Standards, and Training Council as established in s. 633.402. 895(b) One member from the Florida Forest Service of the896Department of Agriculture and Consumer Services, appointed by897the director of the Florida Forest Service.898(c) One member from the Department of Health, appointed by899the State Surgeon General.900 (3) As used inFor the purpose ofthis section, the term 901 “fire service provider” has the same meaning as in s. 633.102 902“fire protection agency” shall be defined by rule by the903division. 904 Section 21. Subsection (18) of section 633.202, Florida 905 Statutes, is amended to read: 906 633.202 Florida Fire Prevention Code.— 907 (18) The authority having jurisdiction shall determine the 908 minimum radio signal strength for fire department communications 909 in all new high-rise and existing high-rise buildings. Existing 910 buildings are not required to comply with minimum radio strength 911 for fire department communications and two-way radio system 912 enhancement communications as required by the Florida Fire 913 Prevention Code until January 1, 20232022. However, by January 914 1, 2022December 31,2019, an existing building that is not in 915 compliance with the requirements for minimum radio strength for 916 fire department communications must have completed a minimum 917 radio strength assessmentapply for an appropriate permitfor 918 the required installation with the local government agency 919 having jurisdiction and must demonstrate that the building will 920 become compliant by January 1, 20232022. Existing apartment 921 buildings are not required to comply until January 1, 2025. 922 However, existing apartment buildings must have completed a 923 minimum radio strength assessmentare required to apply for the924appropriate permitfor the required communications installation 925 by December 31, 2022. 926 Section 22. Section 633.217, Florida Statutes, is created 927 to read: 928 633.217 Influencing a firesafety inspector; prohibited 929 acts.— 930 (1) A person may not influence a firesafety inspector by: 931 (a) Threatening, coercing, tricking, or attempting to 932 threaten, coerce, or trick the firesafety inspector into 933 violating any provision of the Florida Fire Prevention Code, any 934 rule adopted by the State Fire Marshal, or any provision of this 935 chapter. 936 (b) Offering any compensation to the firesafety inspector 937 to induce a violation of the Florida Fire Prevention Code, any 938 rule adopted by the State Fire Marshal, or any provision of this 939 chapter. 940 (2) A firesafety inspector may not knowingly and willfully 941 accept an attempt by a person to influence the firesafety 942 inspector into violating any provision of the Florida Fire 943 Prevention Code, any rule adopted by the State Fire Marshal, or 944 any provision of this chapter. 945 Section 23. Subsection (1) of section 633.402, Florida 946 Statutes, is amended to read: 947 633.402 Firefighters Employment, Standards, and Training 948 Council; organization; meetings; quorum; compensation; seal; 949 special powers; firefighter training.— 950 (1) There is created within the department a Firefighters 951 Employment, Standards, and Training Council of 1514members. 952 (a) The members shall be appointed as follows: 953 1. Two fire chiefs appointed by the Florida Fire Chiefs 954 Association. 955 2. Two firefighters, who are not officers, appointed by the 956 Florida Professional Firefighters Association. 957 3. Two firefighter officers, who are not fire chiefs, 958 appointed by the State Fire Marshal. 959 4. One individual appointed by the Florida League of 960 Cities. 961 5. One individual appointed by the Florida Association of 962 Counties. 963 6. One individual appointed by the Florida Association of 964 Special Districts. 965 7. One individual appointed by the Florida Fire Marshals’ 966 and Inspectors’ Association. 967 8. One employee of the Florida Forest Service of the 968 Department of Agriculture and Consumer Services appointed by the 969 director of the Florida Forest Service. 970 9. One individual appointed by the State Fire Marshal. 971 10. One director or instructor of a state-certified 972 firefighting training facility appointed by the State Fire 973 Marshal. 974 11. One individualThe remaining member,who shall be975 appointed by the State Fire Marshal, who may not be a member or 976 representative of the firefighting profession or of any local 977 government. 978 12. One individual from the Department of Health, appointed 979 by the Surgeon General. 980 (b) To be eligible for appointment as a member under 981 subparagraph (a)1., subparagraph (a)2., subparagraph (a)3., 982 subparagraph (a)8., or subparagraph (a)10., a person must have 983 had at least 4 years’ experience in the firefighting profession. 984 Members shall serve only as long as they continue to meet the 985 criteria under which they were appointed, or unless a member has 986 failed to appear at three consecutive and properly noticed 987 meetings unless excused by the chair. 988 Section 24. Subsection (1) of section 633.416, Florida 989 Statutes, is amended to read: 990 633.416 Firefighter employment and volunteer firefighter 991 service; saving clause.— 992 (1) A fire service provider may not employ an individual 993 to: 994 (a) Extinguish fires for the protection of life or property 995 or to supervise individuals who perform such services unless the 996 individual holds a current and valid Firefighter Certificate of 997 Compliance. However, a person who is currently serving as a 998 volunteer firefighter and holds a volunteer firefighter 999 certificate of completion with a fire service provider, who is 1000 then employed as a regular or permanent firefighter by such fire 1001 service provider, may function, for a period of 1 year under the 1002 direct supervision of an individual holding a valid Firefighter 1003 Certificate of Compliance, in the same capacity in which he or 1004 she acted as a volunteer firefighter, provided that he or she 1005 has completed all training required by the volunteer 1006 organization. Under no circumstance can this period extend 1007 beyond 1 year either collectively or consecutively from the 1008 start of employment to obtain a Firefighter Certificate of 1009 Compliance; or 1010 (b) Serve as the administrative and command head of a fire 1011 service provider for a period in excess of 1 year unless the 1012 individual holds a current and valid Firefighter Certificate of 1013 Compliance or Special Certificate of Compliance. 1014 Section 25. Section 648.30, Florida Statutes, is amended to 1015 read: 1016 648.30 Licensure and appointment required; prohibited acts; 1017 penalties.— 1018 (1) A person may not act in the capacity of a bail bond 1019 agent or temporary bail bond agent or perform any of the 1020 functions, duties, or powers prescribed for bail bond agents or 1021 temporary bail bond agents under this chapter unless that person 1022 is qualified, licensed, and appointed as provided in this 1023 chapter. 1024 (2) A person may not represent himself or herself to be a 1025 bail enforcement agent, bounty hunter, or other similar title in 1026 this state. 1027 (3) A person, other than a certified law enforcement 1028 officer, may not apprehend, detain, or arrest a principal on a 1029 bond, wherever issued, unless that person is qualified, 1030 licensed, and appointed as provided in this chapter or licensed 1031 as a bail bond agent or bail bond enforcement agent, or holds an 1032 equivalent license by the state where the bond was written. 1033 (4) Any person who violates this section commits a felony 1034 of the third degree, punishable as provided in s. 775.082, s. 1035 775.083, or s. 775.084. 1036 (5) Any licensee under this chapter who knowingly aids or 1037 abets an unlicensed person in violating this section commits a 1038 felony of the third degree, punishable as provided in s. 1039 775.082, s. 775.083, or s. 775.084. 1040 Section 26. Section 843.08, Florida Statutes, is amended to 1041 read: 1042 843.08 False personation.—A person who falsely assumes or 1043 pretends to be a firefighter, a sheriff, an officer of the 1044 Florida Highway Patrol, an officer of the Fish and Wildlife 1045 Conservation Commission, an officer of the Department of 1046 Environmental Protection,a fire or arson investigator of the1047Department of Financial Services,an officer of the Department 1048 of Financial Services, any personnel or representative of the 1049 Division of Investigative and Forensic Services, an officer of 1050 the Department of Corrections, a correctional probation officer, 1051 a deputy sheriff, a state attorney or an assistant state 1052 attorney, a statewide prosecutor or an assistant statewide 1053 prosecutor, a state attorney investigator, a coroner, a police 1054 officer, a lottery special agent or lottery investigator, a 1055 beverage enforcement agent, a school guardian as described in s. 1056 30.15(1)(k), a security officer licensed under chapter 493, any 1057 member of the Florida Commission on Offender Review or any 1058 administrative aide or supervisor employed by the commission, 1059 any personnel or representative of the Department of Law 1060 Enforcement, or a federal law enforcement officer as defined in 1061 s. 901.1505, and takes upon himself or herself to act as such, 1062 or to require any other person to aid or assist him or her in a 1063 matter pertaining to the duty of any such officer, commits a 1064 felony of the third degree, punishable as provided in s. 1065 775.082, s. 775.083, or s. 775.084. However, a person who 1066 falsely personates any such officer during the course of the 1067 commission of a felony commits a felony of the second degree, 1068 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 1069 If the commission of the felony results in the death or personal 1070 injury of another human being, the person commits a felony of 1071 the first degree, punishable as provided in s. 775.082, s. 1072 775.083, or s. 775.084. 1073 Section 27. Paragraph (f) is added to subsection (11) of 1074 section 943.045, Florida Statutes, to read: 1075 943.045 Definitions; ss. 943.045-943.08.—The following 1076 words and phrases as used in ss. 943.045-943.08 shall have the 1077 following meanings: 1078 (11) “Criminal justice agency” means: 1079 (f) The investigations component of the Department of 1080 Financial Services which investigates the crimes of fraud and 1081 official misconduct in all public assistance given to residents 1082 of this state or provided to others by the state. 1083 Section 28. For the purpose of incorporating the amendment 1084 made by this act to section 497.142, Florida Statutes, in a 1085 reference thereto, paragraph (a) of subsection (5) of section 1086 497.141, Florida Statutes, is reenacted to read: 1087 497.141 Licensing; general application procedures.— 1088 (5)(a) The licensing authority may not issue, and effective 1089 July 1, 2011, may not renew, a license under this chapter to an 1090 applicant that has a criminal record required to be disclosed 1091 under s. 497.142(10) unless the applicant demonstrates that 1092 issuance of the license, according to rules adopted by the 1093 licensing authority, does not create a danger to the public. A 1094 licensee who previously disclosed her or his criminal record 1095 upon initial application or renewal of her or his license must 1096 disclose only a criminal offense for which the licensee was 1097 convicted or entered a plea of guilty or nolo contendere since 1098 the most recent renewal of her or his license or, if the license 1099 has not been renewed, since the licensee’s initial application. 1100 Section 29. Except as otherwise expressly provided in this 1101 act and except for this section, which shall take effect upon 1102 this act becoming a law, this act shall take effect July 1, 1103 2021.