Bill Text: FL S1404 | 2020 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Financial Services
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2020-03-14 - Died on Calendar [S1404 Detail]
Download: Florida-2020-S1404-Introduced.html
Bill Title: Financial Services
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2020-03-14 - Died on Calendar [S1404 Detail]
Download: Florida-2020-S1404-Introduced.html
Florida Senate - 2020 SB 1404
By Senator Perry
8-00930A-20 20201404__
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. 497.101, F.S.; revising provisions
6 relating to membership of the Board of Funeral,
7 Cemetery, and Consumer Services; deleting a
8 requirement for the department to adopt certain rules;
9 creating s. 497.1411, F.S.; defining terms; providing
10 for permanent disqualification of applicants for
11 licensure under ch. 497, F.S., for certain offenses;
12 providing for disqualifying periods for applicants for
13 certain offenses; requiring the department to adopt
14 rules; providing for calculation of disqualifying
15 periods; providing conditions for licensure after
16 completion of a disqualifying period; providing for
17 the effect of a pardon or clemency; providing for
18 exemptions from disqualification in certain
19 circumstances; providing procedures for consideration
20 of applications for such exemptions; providing
21 construction; amending s. 497.157, F.S.; prohibiting
22 persons from acting as or advertising themselves as
23 being funeral directors, embalmers, direct disposers,
24 or preneed sales agents unless they are so licensed;
25 prohibiting persons from engaging in certain
26 activities requiring licensure without holding
27 required licenses; providing criminal penalties;
28 amending s. 552.081, F.S.; revising the definition of
29 the term “two-component explosives” for the purpose of
30 regulation by the Division of State Fire Marshal;
31 amending s. 553.7921, F.S.; authorizing a contractor
32 repairing certain existing fire alarm systems to begin
33 work after filing an application for a required permit
34 but before receiving the permit; providing
35 construction; amending s. 633.416, F.S.; providing
36 that certain persons serving as volunteer firefighters
37 may serve as a regular or permanent firefighter for a
38 limited period, subject to certain restrictions;
39 amending s. 843.08, F.S.; prohibiting false
40 personation of personnel or representatives of the
41 Division of Investigative and Forensic Services;
42 providing criminal penalties; amending s. 943.045,
43 F.S.; revising the definition of the term “criminal
44 justice agency” to include the investigations
45 component of the department which investigates certain
46 crimes; providing an effective date.
47
48 Be It Enacted by the Legislature of the State of Florida:
49
50 Section 1. Paragraph (f) of subsection (2) of section
51 20.121, Florida Statutes, is amended to read:
52 20.121 Department of Financial Services.—There is created a
53 Department of Financial Services.
54 (2) DIVISIONS.—The Department of Financial Services shall
55 consist of the following divisions and office:
56 (f) The Division of Public Assistance Fraud, which shall
57 function as a criminal justice agency for purposes of ss.
58 943.045-943.08. The division shall conduct investigations
59 pursuant to s. 414.411 within or outside of this state as it
60 deems necessary. If, during an investigation, the division has
61 reason to believe that any criminal law of this state has or may
62 have been violated, it shall refer any records tending to show
63 such violation to state or federal law enforcement or
64 prosecutorial agencies and shall provide investigative
65 assistance to those agencies as required.
66 Section 2. Subsections (1), (2), (3), (6), and (8) of
67 section 497.101, Florida Statutes, are amended to read:
68 497.101 Board of Funeral, Cemetery, and Consumer Services;
69 membership; appointment; terms.—
70 (1) The Board of Funeral, Cemetery, and Consumer Services
71 is created within the Department of Financial Services and shall
72 consist of 10 members, 9 of whom shall be appointed by the
73 Governor from nominations made by the Chief Financial Officer
74 and confirmed by the Senate. The Chief Financial Officer shall
75 nominate one to three persons for each of the nine vacancies on
76 the board, and the Governor shall fill each vacancy on the board
77 by appointing one of the three persons nominated by the Chief
78 Financial Officer to fill that vacancy. If the Governor objects
79 to each of the three nominations for a vacancy, she or he shall
80 inform the Chief Financial Officer in writing. Upon notification
81 of an objection by the Governor, the Chief Financial Officer
82 shall submit one to three additional nominations for that
83 vacancy until the vacancy is filled. One member must be the
84 State Health Officer or her or his designee.
85 (2) Two members of the board shall be funeral directors
86 licensed under part III of this chapter who are associated with
87 a funeral establishment. One member of the board shall be a
88 funeral director licensed under part III of this chapter who is
89 associated with a funeral establishment licensed under part III
90 of this chapter that has a valid preneed license issued pursuant
91 to this chapter and who owns or operates a cinerator facility
92 approved under chapter 403 and licensed under part VI of this
93 chapter. Two members of the board shall be persons whose primary
94 occupation is associated with a cemetery company licensed
95 pursuant to this chapter. Two Three members of the board shall
96 be consumers who are residents of the state, have never been
97 licensed as funeral directors or embalmers, are not connected
98 with a cemetery or cemetery company licensed pursuant to this
99 chapter, and are not connected with the death care industry or
100 the practice of embalming, funeral directing, or direct
101 disposition. One of the two consumer members shall be at least
102 60 years of age, and one shall be licensed as a certified public
103 accountant under chapter 473. One member of the board shall be a
104 consumer who is a resident of this state; is licensed as a
105 certified public accountant under chapter 473; has never been
106 licensed as a funeral director or embalmer; is not a principal
107 or employee of any licensee licensed under this chapter; and
108 does not otherwise have control, as defined in s. 497.005, over
109 any licensee licensed under this chapter. One member of the
110 board shall be a principal of a monument establishment licensed
111 under this chapter as a monument builder. One member shall be
112 the State Health Officer or her or his designee. There shall not
113 be two or more board members who are principals or employees of
114 the same company or partnership or group of companies or
115 partnerships under common control.
116 (3) Board members shall be appointed for terms of 4 years,
117 and the State Health Officer shall serve as long as that person
118 holds that office. The designee of the State Health Officer
119 shall serve at the pleasure of the Governor. When the terms of
120 the initial board members expire, the Chief Financial Officer
121 shall stagger the terms of the successor members as follows: one
122 funeral director, one cemetery representative, the monument
123 builder, and one consumer member shall be appointed for terms of
124 2 years, and the remaining members shall be appointed for terms
125 of 4 years. All subsequent terms shall be for 4 years.
126 (6) The headquarters and records of the board shall be in
127 the Division of Funeral, Cemetery, and Consumer Services of the
128 Department of Financial Services in the City of Tallahassee. The
129 board may be contacted through the Division of Funeral,
130 Cemetery, and Consumer Services of the Department of Financial
131 Services in the City of Tallahassee. The Chief Financial Officer
132 shall annually appoint from among the board members a chair and
133 vice chair of the board. The board shall meet at least every 6
134 months, and more often as necessary. Special meetings of the
135 board shall be convened upon the direction of the Chief
136 Financial Officer. A quorum is necessary for the conduct of
137 business by the board. Unless otherwise provided by law, a
138 majority of the board members eligible to vote shall constitute
139 a quorum for the purpose of conducting its business six board
140 members shall constitute a quorum for the conduct of the board’s
141 business.
142 (8) The department shall adopt rules establishing forms by
143 which persons may apply for membership on the board and
144 procedures for applying for such membership. Such forms shall
145 require disclosure of the existence and nature of all current
146 and past employments by or contracts with, and direct or
147 indirect affiliations or interests in, any entity or business
148 that at any time was licensed by the board or by the former
149 Board of Funeral and Cemetery Services or the former Board of
150 Funeral Directors and Embalmers or that is or was otherwise
151 involved in the death care industry, as specified by department
152 rule.
153 Section 3. Section 497.1411, Florida Statutes, is created
154 to read:
155 497.1411 Disqualification of applicants and licensees;
156 penalties against licensees; rulemaking.—
157 (1) For purposes of this section, the term:
158 (a) “Applicant” means an individual applying for licensure
159 or relicensure under this chapter, and an officer, a director, a
160 majority owner, a partner, a manager, or other person who
161 manages or controls an entity applying for licensure or
162 relicensure under this chapter.
163 (b) “Felony of the first degree” and “capital felony”
164 include all felonies designated as such in this state at the
165 time of the commission of the offense, as well as any offense in
166 another jurisdiction that is substantially similar to an offense
167 so designated in this state.
168 (c) “Financial services business” means any financial
169 activity regulated by the department, the Office of Insurance
170 Regulation, or the Office of Financial Regulation.
171 (2) An applicant who has been found guilty of or has
172 pleaded guilty or nolo contendere to any of the following
173 crimes, regardless of adjudication, is permanently barred from
174 licensure under this chapter:
175 (a) A felony of the first degree.
176 (b) A capital felony.
177 (c) A felony money laundering offense.
178 (d) A felony embezzlement.
179 (3) An applicant who has been found guilty of or has
180 pleaded guilty or nolo contendere to a crime not included in
181 subsection (2), regardless of adjudication, is subject to:
182 (a) A 10-year disqualifying period for all felonies
183 involving moral turpitude that are not specifically included in
184 the permanent bar contained in subsection (2).
185 (b) A 5-year disqualifying period for all felonies to which
186 neither the permanent bar in subsection (2) nor the 10-year
187 disqualifying period in paragraph (a) applies.
188 (c) A 5-year disqualifying period for all misdemeanors
189 directly related to the financial services business.
190 (4) The department shall adopt rules to administer this
191 section. The rules must provide for additional disqualifying
192 periods due to the commitment of multiple crimes and may include
193 other factors reasonably related to the applicant’s criminal
194 history. The rules shall provide for mitigating and aggravating
195 factors. However, mitigation may not result in a period of
196 disqualification of less than 5 years and may not mitigate the
197 disqualifying periods in paragraphs (3)(b) and (c).
198 (5) For purposes of this section, a disqualifying period
199 begins upon the applicant’s final release from supervision or
200 upon completion of the applicant’s criminal sentence. The
201 department may not issue a license to an applicant unless all
202 related fines, court costs and fees, and court-ordered
203 restitution have been paid.
204 (6) After the disqualifying period has expired, the burden
205 is on the applicant to demonstrate that he or she has been
206 rehabilitated, does not pose a risk to the public, is fit and
207 trustworthy to engage in business regulated by this chapter, and
208 is otherwise qualified for licensure.
209 (7) Notwithstanding subsections (2) and (3), upon a grant
210 of a pardon or the restoration of civil rights pursuant to
211 chapter 940 and s. 8, Art. IV of the State Constitution with
212 respect to a finding of guilt or a plea under subsection (2) or
213 subsection (3), or such pardon or the restoration of civil
214 rights under the laws of another jurisdiction with respect to a
215 conviction in that jurisdiction, such finding or plea no longer
216 bars or disqualifies the applicant from licensure under this
217 chapter; however, such a pardon or restoration of civil rights
218 does not require the department to award such license.
219 (8)(a) The Board of Funeral, Cemetery, and Consumer
220 Services may grant an exemption from disqualification to any
221 person disqualified from licensure under this section because of
222 a criminal record if:
223 1. The applicant has paid in full any fee, fine, fund,
224 lien, civil judgment, restitution, or cost of prosecution
225 imposed by the court as part of the judgment and sentence for
226 any disqualifying offense; and
227 2. At least 5 years have elapsed since the applicant
228 completed or has been lawfully released from confinement,
229 supervision, or nonmonetary condition imposed by the court for a
230 disqualifying offense.
231 (b) For the board to grant an exemption under this
232 subsection, the applicant must clearly and convincingly
233 demonstrate that he or she would not pose a risk to persons or
234 property if licensed under this chapter, evidence of which must
235 include, but need not be limited to, facts and circumstances
236 surrounding the disqualifying offense, the time that has elapsed
237 since the offense, the nature of the offense and harm caused to
238 the victim, the applicant’s history before and after the
239 offense, and any other evidence or circumstances indicating that
240 the applicant will not present a danger if licensed or
241 certified.
242 (c) The board has discretion whether to grant or deny an
243 exemption under this subsection. The board’s decision is subject
244 to chapter 120, except that a formal proceeding under s.
245 120.57(1) is available only if there are disputed issues of
246 material fact that the department relied upon in reaching its
247 decision.
248 Section 4. Present subsections (2) through (5) of section
249 497.157, Florida Statutes, are redesignated as subsections (4)
250 through (7), respectively, new subsections (2) and (3) and
251 subsection (8) are added to that section, and present subsection
252 (3) of that section is amended, to read:
253 497.157 Unlicensed practice; remedies concerning violations
254 by unlicensed persons.—
255 (2) A person may not be, act as, or advertise or hold
256 himself or herself out to be a funeral director, embalmer, or
257 direct disposer unless he or she is currently licensed by the
258 department.
259 (3) A person may not be, act as, or advertise or hold
260 himself or herself out to be a preneed sales agent unless he or
261 she is currently licensed by the department and appointed by a
262 preneed main licensee for which they are executing preneed
263 contracts.
264 (5)(3) Where the department determines that an emergency
265 exists regarding any violation of this chapter by any unlicensed
266 person or entity, the department may issue and serve an
267 immediate final order upon such unlicensed person or entity, in
268 accordance with s. 120.569(2)(n). Such an immediate final order
269 may impose such prohibitions and requirements as are reasonably
270 necessary to protect the public health, safety, and welfare, and
271 shall be effective when served.
272 (a) For the purpose of enforcing such an immediate final
273 order, the department may file an emergency or other proceeding
274 in the circuit courts of the state seeking enforcement of the
275 immediate final order by injunctive or other order of the court.
276 The court shall issue its injunction or other order enforcing
277 the immediate final order pending administrative resolution of
278 the matter under subsection (4) (2), unless the court determines
279 that such action would work a manifest injustice under the
280 circumstances. Venue for judicial actions under this paragraph
281 shall be, at the election of the department, in the courts of
282 Leon County, or in a county where the respondent resides or has
283 a place of business.
284 (b) After serving an immediate final order to cease and
285 desist upon any person or entity, the department shall within 10
286 days issue and serve upon the same person or entity an
287 administrative complaint as set forth in subsection (4) (2),
288 except that, absent order of a court to the contrary, the
289 immediate final order shall be effective throughout the pendency
290 of proceedings under subsection (4) (2).
291 (8) Any person who is not licensed under this chapter and
292 who engages in activity requiring licensure under this chapter
293 commits a felony of the third degree, punishable as provided in
294 s. 775.082, s. 775.083, or s. 775.084.
295 Section 5. Subsection (13) of section 552.081, Florida
296 Statutes, is amended to read:
297 552.081 Definitions.—As used in this chapter:
298 (13) “Two-component explosives” means any two inert
299 components which, when mixed, become capable of detonation by
300 any detonator a No. 6 blasting cap, and shall be classified as a
301 Class “A” explosive when so mixed.
302 Section 6. Present subsection (2) of section 553.7921,
303 Florida Statutes, is redesignated as subsection (3), a new
304 subsection (2) is added to that section, and subsection (1) of
305 that section is amended, to read:
306 553.7921 Fire alarm permit application to local enforcement
307 agency.—
308 (1) A contractor must file a Uniform Fire Alarm Permit
309 Application as provided in subsection (3) (2) with the local
310 enforcement agency and must receive the fire alarm permit
311 before:
312 (a) installing or replacing a fire alarm, if the local
313 enforcement agency requires a plan review for the installation
314 or replacement; or
315 (b) Repairing an existing alarm system that was previously
316 permitted by the local enforcement agency if the local
317 enforcement agency requires a fire alarm permit for the repair.
318 (2) If the local enforcement agency requires a fire alarm
319 permit to repair an existing alarm system that was previously
320 permitted by the local enforcement agency, a contractor may
321 begin work after filing a Uniform Fire Alarm Permit Application
322 as provided in subsection (3). A fire alarm repaired pursuant to
323 this subsection may not be considered compliant until the
324 required permit is issued and the local enforcement agency
325 approves the repair.
326 Section 7. Subsection (1) of section 633.416, Florida
327 Statutes, is amended to read:
328 633.416 Firefighter employment and volunteer firefighter
329 service; saving clause.—
330 (1) A fire service provider may not employ an individual
331 to:
332 (a) Extinguish fires for the protection of life or property
333 or to supervise individuals who perform such services unless the
334 individual holds a current and valid Firefighter Certificate of
335 Compliance. However, a person who is currently serving as a
336 volunteer firefighter and holds a volunteer firefighter
337 certificate of completion with a fire service provider, who is
338 then employed as a regular or permanent firefighter by such fire
339 service provider, may function, for a period of 1 year under the
340 direct supervision of an individual holding a valid firefighter
341 certificate of compliance, in the same capacity in which he or
342 she acted as a volunteer firefighter, provided that he or she
343 has completed all training required by the volunteer
344 organization. Under no circumstance can this period extend
345 beyond 1 year either collectively or consecutively from the
346 start of employment to obtain a Firefighter Certificate of
347 Compliance; or
348 (b) Serve as the administrative and command head of a fire
349 service provider for a period in excess of 1 year unless the
350 individual holds a current and valid Firefighter Certificate of
351 Compliance or Special Certificate of Compliance.
352 Section 8. Section 843.08, Florida Statutes, is amended to
353 read:
354 843.08 False personation.—A person who falsely assumes or
355 pretends to be a firefighter, a sheriff, an officer of the
356 Florida Highway Patrol, an officer of the Fish and Wildlife
357 Conservation Commission, an officer of the Department of
358 Environmental Protection, a fire or arson investigator of the
359 Department of Financial Services, an officer of the Department
360 of Financial Services, any personnel or representative of the
361 Division of Investigative and Forensic Services, an officer of
362 the Department of Corrections, a correctional probation officer,
363 a deputy sheriff, a state attorney or an assistant state
364 attorney, a statewide prosecutor or an assistant statewide
365 prosecutor, a state attorney investigator, a coroner, a police
366 officer, a lottery special agent or lottery investigator, a
367 beverage enforcement agent, a school guardian as described in s.
368 30.15(1)(k), a security officer licensed under chapter 493, any
369 member of the Florida Commission on Offender Review or any
370 administrative aide or supervisor employed by the commission,
371 any personnel or representative of the Department of Law
372 Enforcement, or a federal law enforcement officer as defined in
373 s. 901.1505, and takes upon himself or herself to act as such,
374 or to require any other person to aid or assist him or her in a
375 matter pertaining to the duty of any such officer, commits a
376 felony of the third degree, punishable as provided in s.
377 775.082, s. 775.083, or s. 775.084. However, a person who
378 falsely personates any such officer during the course of the
379 commission of a felony commits a felony of the second degree,
380 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
381 If the commission of the felony results in the death or personal
382 injury of another human being, the person commits a felony of
383 the first degree, punishable as provided in s. 775.082, s.
384 775.083, or s. 775.084.
385 Section 9. Paragraph (f) is added to subsection (11) of
386 section 943.045, Florida Statutes, to read:
387 943.045 Definitions; ss. 943.045-943.08.—The following
388 words and phrases as used in ss. 943.045-943.08 shall have the
389 following meanings:
390 (11) “Criminal justice agency” means:
391 (f) The investigations component of the Department of
392 Financial Services which investigates the crimes of fraud and
393 official misconduct in all public assistance given to residents
394 of the state or provided to others by the state.
395 Section 10. This act shall take effect July 1, 2020.
