THE STATE OF FLORIDA
BILL TEXT
STATENET
Copyright © 2009 by State Net(R), All Rights Reserved.
2009 FL H.B. 693
FLORIDA 111TH REGULAR SESSION
HOUSE BILL 693
FL H 693
BILL TRACKING REPORT: 2009 Bill Tracking FL H.B. 693
2009 Bill Text FL H.B. 693
VERSION: Prefiled
VERSION-DATE: February 3, 2009
SYNOPSIS: A bill to be entitled
An act relating to fire prevention and control; amending ss. 218.23 and
447.203, F.S.; revising cross-references; amending s. 553.895, F.S.;
revising
outdated publication references; amending s. 633.02, F.S.; providing the
correct
name for the State Fire Marshal; amending s. 633.021, F.S.; revising
definitions; amending s. 633.025, F.S.; providing requirements for
firesafety
plans and inspections for manufactured buildings; amending s. 633.026, F.S.;
providing legislative intent; revising requirements for interpretations of
the
Florida Fire Prevention Code; providing for nonbinding and binding
interpretations; requiring the Division of State Fire Marshal to establish a
Fire Code Interpretation Committee; providing requirements for committee
membership; providing procedures and requirements for code interpretations
by
the committee; providing for code interpretations by the department;
providing
requirements and procedures for petitions for interpretations; providing
requirements for committee proceedings; exempting certain local decisions
not
subject to review under the section; amending s. 633.03, F.S.; expanding
application of authority of the State Fire Marshal to investigate fires to
include explosions; amending s. 633.061, F.S.; revising the type of fire
suppression equipment in which a person must be licensed in order to engage
in
the business of servicing, inspecting, recharging, hydrotesting, or
installing;
revising the requirements for the renewal of a license to engage in the
business
of servicing, inspecting, recharging, hydrotesting, or installing fire
suppression equipment; amending s. 633.071, F.S.; authorizing the State Fire
Marshal to adopt standards for the attachment and placement of fire
protection
system inspection tags; amending s. 633.081, F.S.; authorizing the State
Fire
Marshal to inspect buildings or structures for certain violations;
abolishing
special state firesafety inspector classifications; providing for
certification
as a firesafety inspector; providing application and examination
requirements;
authorizing the State Fire Marshal to develop a certain advanced training
and
certification program for firesafety inspectors; authorizing the Division of
State Fire Marshal to enter into a reciprocity agreement with the Florida
Building Code Administrators and Inspectors Board for certain continuing
education recertification purposes; amending s. 633.082, F.S.; providing
requirements for servicing, testing, repair, and inspection of alarm
systems,
certain fire hydrants, and certain fire protection systems and associated
private fire hydrants; providing for replacement of certain fire sprinklers
under certain circumstances; amending s. 633.085, F.S.; revising
requirements
for the State Fire Marshal to inspect state buildings; amending s. 633.101,
F.S.; revising and expanding the authority and powers of the State Fire
Marshal
to administer oaths, compel attendance of witnesses, and collect evidence;
providing certain forms of immunity from liability for certain actions and
persons under certain circumstances; exempting certain information from
discovery under certain circumstances; exempting agents of the State Fire
Marshal from subpoena under certain circumstances; specifying limitations on
treatment of physical evidence; authorizing persons and agents of the State
Fire
Marshal to submit certain crime-related reports or information to the State
Fire
Marshal; authorizing agents of the State Fire Marshal to make arrests as
state
law enforcement officers under certain circumstances; providing that it is
unlawful to resist arrest; amending s. 633.121, F.S.; expanding the list of
eligible persons authorized to enforce laws and rules of the State Fire
Marshal;
amending s. 633.13, F.S.; revising a provision relating to the authority of
agents of the State Fire Marshal; amending s. 633.14, F.S.; revising and
expanding powers regarding arrests, searches, and the carrying of firearms
by
State Fire Marshal agents and investigators; amending s. 633.161, F.S.;
expanding the list of violations for which the State Fire Marshal may issue
certain enforcement orders; providing criminal penalties for failure to
comply
with such orders; amending s. 633.171, F.S.; conforming a provision;
amending s.
633.175, F.S.; specifying additional powers granted to the State Fire
Marshal;
amending s. 633.18, F.S.; revising a provision relating to conduct of
inquiries
or investigations by agents of the State Fire Marshal; amending s. 633.30,
F.S.;
revising and providing definitions; amending s. 633.34, F.S.; revising
requirements for qualification for employment as a firefighter; amending s.
633.35, F.S.; revising requirements for firefighter training and
certification;
amending s. 633.351, F.S.; revising provisions for disciplinary actions for
firefighters; revising standards for revocation of firefighter
certifications;
amending s. 633.352, F.S.; revising requirements for retention of
firefighter
certification; amending s. 633.382, F.S.; revising provisions relating to
required supplemental compensation for firefighters; amending s. 633.521,
F.S.;
revising examination applicant prerequisites; deleting an obsolete
provision;
revising certain fire system inspection certification training and education
criteria; amending s. 633.524, F.S.; authorizing the State Fire Marshal to
contract to provide certain examinations; amending s. 633.537, F.S.;
revising
certain fire system inspection certification training and education
criteria;
deleting obsolete provisions; amending s. 633.541, F.S.; expanding an
exclusion
from application of a prohibition against contracting without certification
for
certain homeowners; amending s. 633.72, F.S.; revising the membership terms
of
the Fire Code Advisory Council; amending s. 633.811, F.S.; expanding
authority
of the division to enforce provisions of law and rules applicable to
employers;
authorizing assessment of administrative fines; amending s. 633.821, F.S.;
deleting certain obsolete provisions requiring counties, municipalities, and
special districts to implement certain provisions of federal law; providing
an
effective date.
NOTICE: [A> UPPERCASE TEXT WITHIN THESE SYMBOLS IS ADDED <A]
[D> Text within these symbols is deleted <D]
TEXT: Be It Enacted by the Legislature of the State of Florida:
Section 1. Paragraph (e) of subsection (1) of section 218.23, Florida
Statutes, is amended to read:
218.23 Revenue sharing with units of local government.--
(1) To be eligible to participate in revenue sharing beyond the minimum
entitlement in any fiscal year, a unit of local government is required to
have:
(e) Certified that persons in its employ as firefighters, as defined in
s.
633.30 [D> (1) <D] , meet the qualification for employment as established by
the
Division of State Fire Marshal pursuant to the provisions of ss. 633.34 and
633.35 and that the provisions of s. 633.382 have been met.
Additionally, to receive its share of revenue sharing funds, a unit of
local
government shall certify to the Department of Revenue that the requirements
of
s. 200.065, if applicable, were met. The certification shall be made
annually
within 30 days of adoption of an ordinance or resolution establishing a
final
property tax levy or, if no property tax is levied, not later than November
1.
The portion of revenue sharing funds which, pursuant to this part, would
otherwise be distributed to a unit of local government which has not
certified
compliance or has otherwise failed to meet the requirements of s. 200.065
shall
be deposited in the General Revenue Fund for the 12 months following a
determination of noncompliance by the department.
Section 2. Paragraph (b) of subsection (4) of section 447.203, Florida
Statutes, is amended to read:
447.203 Definitions.--As used in this part:
(4) "Managerial employees" are those employees who:
(b) Serve as police chiefs, fire chiefs, or directors of public safety of
any
police, fire, or public safety department. Other police officers, as defined
in
s. 943.10(1), and firefighters, as defined in s. 633.30 [D> (1) <D] , may be
determined by the commission to be managerial employees of such departments.
In
making such determinations, the commission shall consider, in addition to
the
criteria established in paragraph (a), the paramilitary organizational
structure
of the department involved.
However, in determining whether an individual is a managerial employee
pursuant to either paragraph (a) or paragraph (b), above, the commission may
consider historic relationships of the employee to the public employer and
to
coemployees.
Section 3. Subsection (1) of section 553.895, Florida Statutes, is
amended to
read:
553.895 Firesafety.--
(1) Any transient public lodging establishment, as defined in chapter 509
and
used primarily for transient occupancy as defined in s. 83.43(10), or any
timeshare unit of a timeshare plan as defined in chapters 718 and 721, which
is
of three stories or more and for which the construction contract has been
let
after September 30, 1983, with interior corridors which do not have direct
access from the guest area to exterior means of egress and on buildings over
75
feet in height that have direct access from the guest area to exterior means
of
egress and for which the construction contract has been let after September
30,
1983, shall be equipped with an automatic sprinkler system installed in
compliance with [A> THE CURRENT EDITION OF THE APPLICABLE FIRE SPRINKLER
STANDARDS ADOPTED BY THE STATE FIRE MARSHAL. <A] [D> the provisions
prescribed
in the National Fire Protection Association publication NFPA No. 13 (1985),
"Standards for the Installation of Sprinkler Systems." <D] Each guest room
and
each timeshare unit shall be equipped with an approved listed single-station
smoke detector meeting the minimum requirements of NFPA [A> 72, "NATIONAL
FIRE
ALARM CODE," THE CURRENT EDITION ADOPTED BY THE STATE FIRE MARSHAL, <A] [D>
74
(1984) "Standards for the Installation, Maintenance and Use of Household
Fire
Warning Equipment," <D] powered from the building electrical service,
notwithstanding the number of stories in the structure, if the contract for
construction is let after September 30, 1983. Single-station smoke detectors
shall not be required when guest rooms or timeshare units contain smoke
detectors connected to a central alarm system which also alarms locally.
Section 4. Section 633.02, Florida Statutes, is amended to read:
633.02 Agents; powers and duties; compensation.--The State Fire Marshal
shall appoint such agents as may be necessary to carry out effectively the
provisions of this chapter, who shall be reimbursed for travel expenses as
provided in s. 112.061, in addition to their salary, when traveling or
making
investigations in the performance of their duties. Such agents shall be at
all
times under the direction and control of the [A> STATE <A] Fire Marshal, who
shall fix their compensation, and all orders shall be issued in the [A>
STATE
<A] Fire Marshal's name and by her or his authority.
Section 5. Paragraph (d) of subsection (5) and subsection (9) of section
633.021, Florida Statutes, are amended to read:
633.021 Definitions.--As used in this chapter:
(5)
(d) "Contractor IV" means a contractor whose business is limited to the
execution of contracts requiring the ability to lay out, fabricate, install,
inspect, alter, repair, and service automatic fire sprinkler systems for [A>
OCCUPANCIES PROTECTED WITHIN THE SCOPE OF NFPA 13D, THE "STANDARD FOR THE
INSTALLATION OF SPRINKLER SYSTEMS IN ONE- AND TWO-FAMILY DWELLINGS AND
MANUFACTURED HOMES," <A] [D> detached one-family dwellings, detached
two-family
dwellings, and mobile homes, <D] excluding preengineered systems and
excluding
single-family homes in cluster units, such as apartments, condominiums, and
assisted living facilities or any building that is connected to other
dwellings.
The definitions in this subsection must not be construed to include fire
protection engineers or architects and do not limit or prohibit a licensed
fire
protection engineer or architect from designing any type of fire protection
system. A distinction is made between system design concepts prepared by the
design professional and system layout as defined in this section and
typically
prepared by the contractor. However, persons certified as a Contractor I,
Contractor II, or Contractor IV under this chapter may design fire
protection
systems of 49 or fewer sprinklers, and may design the alteration of an
existing
fire sprinkler system if the alteration consists of the relocation,
addition, or
deletion of not more than 49 sprinklers, notwithstanding the size of the
existing fire sprinkler system. A Contractor I, Contractor II, or Contractor
IV
may design a fire protection system the scope of which complies with NFPA
13D,
Standard for the Installation of Sprinkler Systems in One- and Two-Family
Dwellings and Manufactured Homes, as adopted by the State Fire Marshal,
notwithstanding the number of fire sprinklers. Contractor-developed plans
may
not be required by any local permitting authority to be sealed by a
registered
professional engineer.
(9) A "fire protection system" is a system individually designed to
protect
the interior or exterior of a specific building [A> OR BUILDINGS <A] ,
structure, or other special hazard from fire. Such systems include, but are
not
limited to, water sprinkler systems, water spray systems, foam-water
sprinkler
systems, foam-water spray systems, CO
2 systems, foam
extinguishing
systems, dry chemical systems, and Halon and other chemical systems used for
fire protection use. Such systems also include any overhead and underground
fire
mains, fire hydrants and hydrant mains, standpipes and hoses connected to
sprinkler systems, sprinkler tank heaters, air lines, thermal systems used
in
connection with fire sprinkler systems, and tanks and pumps connected to
fire
sprinkler systems.
Section 6. Subsection (11) is added to section 633.025, Florida Statutes,
to
read:
633.025 Minimum firesafety standards.--
[A> (11)(A) THE PLANS FOR, AND INSPECTIONS OF, MANUFACTURED BUILDINGS MAY
BE
COMPLETED AT THE POINT OF MANUFACTURE AS LONG AS THE FOLLOWING REQUIREMENTS
ARE
MET: <A]
[A> 1. THE PERSON REVIEWING THE PLANS AND INSPECTING THE MANUFACTURED OR
PROTOTYPE BUILDING MUST BE CURRENTLY CERTIFIED AS A FIRESAFETY INSPECTOR
UNDER
S. 633.081(2); AND <A]
[A> 2. THE MANUFACTURER'S MODULAR DATA PLATE, STATING THAT THE BUILDING
IS IN
COMPLIANCE WITH CHAPTER 633 AND THE RULES OF THE DEPARTMENT, HAS BEEN
AFFIXED TO
THE BUILDING. <A]
[A> (B) THE LOCAL FIRE OFFICIAL SHALL RECOGNIZE AND APPROVE SUCH
MANUFACTURED
BUILDING, SUBJECT TO LOCAL FIRE CODE AMENDMENTS, ACCEPTABLE PERFORMANCE
TESTING
OF LIFE SAFETY SYSTEMS, AND SITE CONDITIONS. THE COST OF ANY ADDITIONAL WORK
NECESSARY TO MEET THESE REQUIREMENTS, IF ANY, SHALL BE BORNE BY THE
MANUFACTURER. THE DEPARTMENT MAY ADOPT RULES TO ADMINISTER THIS SUBSECTION.
<A]
Section 7. Section 633.026, Florida Statutes, is amended to read:
633.026 [D> Informal <D] Interpretations of the Florida Fire Prevention
Code.--
[A> (1) IT IS THE INTENT OF THE LEGISLATURE THAT THE FLORIDA FIRE
PREVENTION
CODE BE INTERPRETED BY FIRE OFFICIALS AND LOCAL ENFORCEMENT AGENCIES IN A
MANNER
THAT PROTECTS THE PUBLIC SAFETY, HEALTH, AND WELFARE BY ENSURING UNIFORM
INTERPRETATIONS OF THE FLORIDA FIRE PREVENTION CODE THROUGHOUT THE STATE AND
BY
PROVIDING PROCESSES FOR RESOLVING DISPUTES REGARDING THOSE INTERPRETATIONS
THAT
ARE JUST AND EXPEDITIOUS. IT IS THE INTENT OF THE LEGISLATURE THAT THE
PROCESS
PROVIDE FOR THE EXPEDITIOUS RESOLUTION OF THE ISSUES PRESENTED AND
PUBLICATION
OF THE RESULTING INTERPRETATION ON THE WEBSITE OF THE DIVISION OF STATE FIRE
MARSHAL. IT IS THE INTENT OF THE LEGISLATURE THAT THIS PROGRAM BE SIMILAR TO
THE
PROGRAM ESTABLISHED BY THE FLORIDA BUILDING COMMISSION IN S. 553.775(3)(H).
<A]
[A> (2)(A) <A] The Division of State Fire Marshal shall by rule establish
[A>
A <A] [D> an informal <D] process of rendering nonbinding interpretations
[A>
AND BINDING INTERPRETATIONS <A] of the Florida Fire Prevention Code. The
Division of State Fire Marshal may contract with and refer interpretive
issues
to a nonprofit organization that has experience in interpreting and
enforcing
the Florida Fire Prevention Code. [D> The Division of State Fire Marshal
shall
immediately implement the process prior to the completion of formal
rulemaking.
<D] It is the intent of the Legislature that the Division of State Fire
Marshal
[A> ESTABLISH <A] [D> create <D] a [A> FIRE CODE INTERPRETATION COMMITTEE
COMPOSED OF SEVEN PERSONS AND SEVEN ALTERNATES EQUALLY REPRESENTING EACH
AREA OF
THE STATE <A] [D> process to refer questions to a small group of individuals
certified under s. 633.081(2), <D] to which a party can pose questions
regarding
the interpretation of [D> code <D] provisions [A> OF THE FLORIDA FIRE
PREVENTION
CODE <A] .
[A> (B) EACH OF THE DESIGNATED SEVEN MEMBERS AND SEVEN ALTERNATES OF THE
FIRE
CODE INTERPRETATION COMMITTEE MUST BE CERTIFIED AS A FIRE SAFETY INSPECTOR
PURSUANT TO THE PROVISIONS OF S. 633.081(2), AND MUST HAVE A MINIMUM OF 5
YEARS'
EXPERIENCE INTERPRETING AND ENFORCING PROVISIONS OF THE FLORIDA FIRE
PREVENTION
CODE AND LIFE SAFETY CODES. EACH MEMBER MUST BE ACCEPTED BY THE DIVISION OF
STATE FIRE MARSHAL AS MEETING THESE REQUIREMENTS AT LEAST 30 DAYS BEFORE
PARTICIPATING IN A REVIEW OF A NONBINDING OR BINDING INTERPRETATION. <A]
[A> (C) EACH NONBINDING INTERPRETATION OF CODE MUST BE PROVIDED WITHIN 10
BUSINESS DAYS AFTER RECEIPT OF A PETITION FOR INTERPRETATION, AND EACH
BINDING
INTERPRETATION OF CODE MUST BE PROVIDED WITHIN 21 DAYS AFTER RECEIPT OF A
PETITION FOR INTERPRETATION. THE TIME PERIODS SET FORTH IN THIS PARAGRAPH
MAY BE
WAIVED ONLY UPON THE WRITTEN CONSENT OF BOTH PARTIES. <A] [D> It is the
intent
of the Legislature that the process provide for the expeditious resolution
of
the issues presented and publication of the resulting interpretation on the
website of the Division of State Fire Marshal. It is the intent of the
Legislature that this program be similar to the program established by the
Florida Building Commission in s. 553.775(3)(g). <D]
[A> (D)1. NONBINDING <A] [D> Such <D] interpretations [A> ARE <A] [D>
shall
be <D] advisory only and [A> NOT BINDING <A] [D> nonbinding <D] on the
parties
or the State Fire Marshal.
[A> 2. BINDING INTERPRETATIONS ARE BINDING ON THE LOCAL FIRE OFFICIAL AND
THE
OWNER OR CONTRACTOR NAMED IN THE PETITION BEING INTERPRETED UNLESS SUCH
INTERPRETATION IS SUPERSEDED BY A DECLARATORY STATEMENT ISSUED BY THE STATE
FIRE
MARSHAL. <A]
[A> (3) <A] In order to administer this section, the department [A> SHALL
CHARGE <A] [D> may adopt by rule and impose <D] a fee [A> OF $ 150 <A] for
nonbinding interpretations [A> AND A FEE OF $ 250 FOR BINDING
INTERPRETATIONS.
THE DEPARTMENT MAY PERMIT THE FEES TO BE PAID DIRECTLY TO THE NONPROFIT
ORGANIZATION SELECTED IN ACCORDANCE WITH SUBSECTION (2) <A] [D> , with
payment
made directly to the third party. The fee may not exceed $ 150 for each
request
for a review or interpretation <D] .
[A> (4) ANY PARTY TO THE INTERPRETATION WHO IS IN DISAGREEMENT WITH THE
NONBINDING INTERPRETATION OR THE BINDING INTERPRETATION ISSUED IN ACCORDANCE
WITH THIS SECTION MAY APPLY FOR A FORMAL INTERPRETATION FROM THE DEPARTMENT
AS
PROVIDED IN S. 633.01(6). <A]
[A> (5) UPON WRITTEN APPLICATION BY AN OWNER, CONTRACTOR, OR FIRE
OFFICIAL,
THE DEPARTMENT SHALL ISSUE OR CAUSE TO BE ISSUED A NONBINDING INTERPRETATION
OR
A BINDING INTERPRETATION OF THE FLORIDA FIRE PREVENTION CODE AS PRESCRIBED
IN
THIS SUBSECTION. <A]
[A> (A) THE DEPARTMENT SHALL ADOPT A FORM FOR THE PETITION, WHICH SHALL
BE
PUBLISHED ON THE STATE FIRE MARSHAL'S WEB SITE. THE FORM SHALL REQUIRE, AT A
MINIMUM: <A]
[A> 1. THE NAME AND ADDRESS OF THE LOCAL FIRE OFFICIAL, INCLUDING THE
AGENCY
ADDRESS OF THE COUNTY, MUNICIPALITY, OR SPECIAL DISTRICT. <A]
[A> 2. THE NAME AND ADDRESS OF THE OWNER, THE NAME AND AGENCY ADDRESS OF
THE
CONTRACTOR, AND THE NAME AND ADDRESS OF ANY REPRESENTATIVE OF THE OWNER OR
CONTRACTOR. <A]
[A> 3. A STATEMENT OF THE SPECIFIC SECTIONS OF THE FLORIDA FIRE
PREVENTION
CODE WHICH ARE BEING INTERPRETED BY THE LOCAL FIRE OFFICIAL. <A]
[A> 4. AN EXPLANATION OF HOW THE PETITIONER'S SUBSTANTIAL INTERESTS ARE
BEING
AFFECTED BY THE LOCAL INTERPRETATION OF THE FLORIDA FIRE PREVENTION CODE.
<A]
[A> 5. A STATEMENT OF THE INTERPRETATION GIVEN TO THE SPECIFIC SECTIONS
OF
THE FLORIDA FIRE PREVENTION CODE BY THE LOCAL FIRE OFFICIAL. <A]
[A> 6. A STATEMENT OF THE INTERPRETATION THE PETITIONER CONTENDS SHOULD
BE
GIVEN TO THE SPECIFIC SECTIONS OF THE FLORIDA FIRE PREVENTION CODE AND A
STATEMENT SUPPORTING THE PETITIONER'S INTERPRETATION. <A]
[A> 7. A STATEMENT FROM THE LOCAL FIRE OFFICIAL WITH AN EXPLANATION OF
THE
DISPUTED PROVISIONS INCLUDED IN THE PETITION. <A]
[A> (B) THE PETITIONER SHALL SUBMIT THE PETITION TO THE LOCAL FIRE
OFFICIAL,
WHO SHALL PLACE THE DATE OF RECEIPT ON THE PETITION. THE LOCAL FIRE OFFICIAL
SHALL RESPOND TO THE PETITION IN ACCORDANCE WITH THE FORM AND SHALL RETURN
THE
PETITION TOGETHER WITH HIS OR HER RESPONSE TO THE PETITIONER WITHIN 5
BUSINESS
DAYS. THE PETITIONER MAY FILE THE PETITION WITH THE DEPARTMENT AT ANY TIME
AFTER
THE LOCAL FIRE OFFICIAL PROVIDES A RESPONSE. IF NO RESPONSE IS PROVIDED BY
THE
LOCAL FIRE OFFICIAL, THE PETITIONER MAY FILE THE PETITION WITH THE
DEPARTMENT 10
DAYS AFTER SUBMISSION OF THE PETITION TO THE LOCAL FIRE OFFICIAL AND SHALL
NOTE
THAT THE LOCAL FIRE OFFICIAL DID NOT RESPOND. <A]
[A> (6) UPON RECEIPT OF A PETITION THAT MEETS THE REQUIREMENTS OF
PARAGRAPH
(5)(A), THE DEPARTMENT SHALL IMMEDIATELY PROVIDE COPIES OF THE PETITION TO
THE
FIRE CODE INTERPRETATION COMMITTEE AND PUBLISH THE PETITION AND ANY RESPONSE
SUBMITTED BY THE LOCAL FIRE OFFICIAL ON THE STATE FIRE MARSHAL'S WEB SITE.
<A]
[A> (7) THE FIRE CODE INTERPRETATION COMMITTEE SHALL CONDUCT PROCEEDINGS
AS
NECESSARY TO RESOLVE THE ISSUES AND SHALL GIVE DUE REGARD TO THE PETITION,
THE
FACTS OF THE MATTER, SPECIFIC CODE SECTIONS CITED, AND ANY STATUTORY
IMPLICATIONS AFFECTING THE FLORIDA FIRE PREVENTION CODE. THE COMMITTEE SHALL
ISSUE AN INTERPRETATION REGARDING THE PROVISIONS OF THE FLORIDA FIRE
PREVENTION
CODE WITHIN 10 DAYS AFTER THE FILING OF A PETITION FOR A NONBINDING
INTERPRETATION AND WITHIN 21 DAYS AFTER THE FILING OF A PETITION FOR A
BINDING
INTERPRETATION. THE COMMITTEE SHALL RENDER A DETERMINATION BASED UPON THE
FLORIDA FIRE PREVENTION CODE OR, IF THE CODE IS AMBIGUOUS, THE INTENT OF THE
CODE. THE COMMITTEE'S INTERPRETATION SHALL BE PROVIDED TO THE OWNER,
CONTRACTOR,
AND FIRE OFFICIAL AND THE INTERPRETATION SHALL INCLUDE A NOTICE THAT IF THE
OWNER, CONTRACTOR, OR FIRE OFFICIAL DISAGREES WITH THE INTERPRETATION, THE
OWNER, CONTRACTOR, OR FIRE OFFICIAL MAY FILE FOR A FORMAL INTERPRETATION BY
THE
DEPARTMENT UNDER S. 633.01(6). THE COMMITTEE'S INTERPRETATION SHALL BE
PROVIDED
TO THE DEPARTMENT, WHICH SHALL PUBLISH THE INTERPRETATION ON THE STATE FIRE
MARSHAL'S WEB SITE AND IN THE FLORIDA ADMINISTRATIVE WEEKLY. <A]
[A> (8) LOCAL DECISIONS DECLARING STRUCTURES TO BE UNSAFE AND SUBJECT TO
REPAIR OR DEMOLITION ARE NOT SUBJECT TO REVIEW UNDER THIS SECTION AND MAY
NOT BE
APPEALED TO THE DEPARTMENT IF THE LOCAL GOVERNING BODY FINDS THAT THERE IS
AN
IMMEDIATE DANGER TO THE HEALTH AND SAFETY OF THE PUBLIC. <A]
Section 8. Section 633.03, Florida Statutes, is amended to read:
633.03 Investigation of [A> FIRES AND EXPLOSIONS <A] [D> fire <D] ;
reports.--The State Fire Marshal shall investigate the cause, origin, and
circumstances of every fire [A> OR EXPLOSION <A] occurring in this state
wherein [A> THE STATE FIRE MARSHAL DEEMS AN INVESTIGATION IS NECESSARY AND
<A]
[D> property has been damaged or destroyed <D] where there is probable cause
to believe that the fire [A> OR EXPLOSION <A] was the result of carelessness
or design. Report of all such investigations shall be made on approved forms
to be furnished by the [A> STATE <A] Fire Marshal.
Section 9. Subsections (1) and (2) and paragraph (a) of subsection (3) of
section 633.061, Florida Statutes, are amended to read:
633.061 Fire suppression equipment; license to install or maintain.--
(1) It is unlawful for any organization or individual to engage in the
business of servicing, repairing, recharging, testing, marking, inspecting,
installing, or hydrotesting any fire extinguisher or preengineered system in
this state except in conformity with the provisions of this chapter. Each
organization or individual that engages in such activity must possess a
valid
and subsisting license issued by the State Fire Marshal. All fire
extinguishers
and preengineered systems required by statute or by rule must be serviced by
an
organization or individual licensed under the provisions of this chapter. A
licensee who receives appropriate training shall not be prohibited by a
manufacturer from servicing any particular brand of fire extinguisher or
preengineered system. The licensee is legally qualified to act for the
business
organization in all matters connected with its business, and the licensee
must
supervise all activities undertaken by such business organization. Each
licensee
shall maintain a specific business location. A further requirement, in the
case
of multiple locations where such servicing or recharging is taking place, is
that each licensee who maintains more than one place of business where
actual
work is carried on must possess an additional license, as set forth in this
section, for each location, except that a licensed individual may not
qualify
for more than five locations. A licensee is limited to a specific type of
work
performed depending upon the class of license held. Licenses and license
fees
are required for the following:
(a) Class A....$ 250 To service, recharge, repair, install, or inspect
all
types of fire extinguishers and to conduct hydrostatic tests on all types of
fire extinguishers.
(b) Class B....$ 150 To service, recharge, repair, install, or inspect
all
types of fire extinguishers, including recharging carbon dioxide units and
conducting hydrostatic tests on all types of fire extinguishers, except
carbon
dioxide units.
(c) Class C....$ 150 To service, recharge, repair, install, or inspect
all
types of fire extinguishers, except recharging carbon dioxide units, and to
conduct hydrostatic tests on all types of fire extinguishers, except carbon
dioxide units.
(d) Class D....$ 200 To service, repair, recharge, hydrotest, install,
or
inspect all types of preengineered fire extinguishing systems.
(e) Licenses issued as duplicates or to reflect a change of address....$
10
Any fire equipment dealer licensed pursuant to this subsection who does
not
want to engage in the business of servicing, inspecting, recharging,
repairing,
hydrotesting, or installing [A> CLEAN AGENT <A] [D> halon <D] equipment must
file an affidavit on a form provided by the division so stating. Licenses
will
be issued by the division to reflect the work authorized thereunder. It is
unlawful, unlicensed activity for any person or firm to falsely hold himself
or
herself or a business organization out to perform any service, inspection,
recharge, repair, hydrotest, or installation except as specifically
described in
the license.
(2) Each individual actually performing the work of servicing,
recharging,
repairing, hydrotesting, installing, testing, or inspecting fire
extinguishers
or preengineered systems must possess a valid and subsisting permit issued
by
the State Fire Marshal. Permittees are limited as to specific type of work
performed to allow work no more extensive than the class of license held by
the
licensee under whom the permittee is working. Permits will be issued by the
division and the fees required are as follows:
(a) Portable permit....$ 90 "Portable permittee" means a person who is
limited to performing work no more extensive than the employing licensee in
the servicing, recharging, repairing, installing, or inspecting all types of
portable fire extinguishers.
(b) Preengineered permit....$ 120 "Preengineered permittee" means a
person
who is limited to the servicing, recharging, repairing, installing, or
inspecting of all types of preengineered fire extinguishing systems.
(c) Permits issued as duplicates or to reflect a change of address....$
10
Any fire equipment permittee licensed pursuant to this subsection who
does
not want to engage in servicing, inspecting, recharging, repairing,
hydrotesting, or installing [A> CLEAN AGENT <A] [D> halon <D] equipment must
file an affidavit on a form provided by the division so stating. Permits
will be
issued by the division to reflect the work authorized thereunder. It is
unlawful, unlicensed activity for any person or firm to falsely hold himself
or
herself out to perform any service, inspection, recharge, repair, hydrotest,
or
installation except as specifically described in the permit.
(3)(a) Such licenses and permits shall be issued by the State Fire
Marshal
for 2 years beginning January 1, 2000, and each 2-year period thereafter and
expiring December 31 of the second year. All licenses or permits issued will
expire on December 31 of each odd-numbered year. The failure to renew a
license
or permit by December 31 of the second year will cause the license or permit
to
become inoperative. The holder of an inoperative license or permit shall not
engage in any activities for which a license or permit is required by this
section. A license or permit which is inoperative because of the failure to
renew it shall be restored upon payment of the applicable fee plus a penalty
equal to the applicable fee, if the application for renewal is filed no
later
than the following March 31. If the application for restoration is not made
before the March 31st deadline, the fee for restoration shall be equal to
the
original application fee and the penalty provided for herein, and, in
addition,
the State Fire Marshal shall require reexamination of the applicant. The fee
for
a license or permit issued for 1 year or less shall be prorated at 50
percent of
the applicable fee for a biennial license or permit. [A> FOLLOWING THE
INITIAL
LICENSURE, <A] each licensee or permittee shall successfully complete a
course
or courses of continuing education for fire equipment technicians of at
least
[A> 16 <A] [D> 32 <D] hours [A> . A LICENSE OR PERMIT MAY NOT BE RENEWED
UNLESS
THE LICENSEE OR PERMITTEE PRODUCES DOCUMENTATION OF THE COMPLETION OF AT
LEAST
16 HOURS OF CONTINUING EDUCATION FOR FIRE EQUIPMENT TECHNICIANS DURING THE
BIENNIAL LICENSURE PERIOD <A] [D> within 4 years of initial issuance of a
license or permit and within each 4-year period thereafter or no such
license or
permit shall be renewed <D] . A person who is both a licensee and a
permittee
shall be required to complete [A> A TOTAL OF 16 <A] [D> 32 <D] hours of
continuing education [A> DURING EACH RENEWAL <A] [D> per 4-year <D] period.
Each
licensee shall ensure that all permittees in his or her employment meet
their
continuing education requirements. The State Fire Marshal shall adopt rules
describing the continuing education requirements and shall have the
authority
upon reasonable belief, to audit a fire equipment dealer to determine
compliance
with continuing education requirements.
Section 10. Subsection (3) of section 633.071, Florida Statutes, is
amended
to read:
633.071 Standard service tag required on all fire extinguishers and
preengineered systems; serial number required on all portable fire
extinguishers; standard inspection tags required on all fire protection
systems.--
(3) The State Fire Marshal shall adopt by rule specifications as to the
size,
shape, color, information, and data contained thereon of inspection tags to
be
attached to all types of fire protection systems and information required on
an
inspection report of such an inspection. [A> THE STATE FIRE MARSHAL MAY
ADOPT BY
RULE STANDARDS FOR THE ATTACHMENT AND PLACEMENT OF FIRE PROTECTION SYSTEM
INSPECTION TAGS. <A]
Section 11. Section 633.081, Florida Statutes, is amended to read:
633.081 Inspection of buildings and equipment; orders; firesafety
inspection training requirements; certification; disciplinary action.--The
State Fire Marshal and her or his agents [A> MAY <A] [D> shall <D] , at any
reasonable hour, when the department has reasonable cause to believe that a
violation of this chapter or s. 509.215, or a rule promulgated thereunder,
or
a minimum firesafety code adopted by [A> THE STATE FIRE MARSHAL OR <A] a
local
authority, may exist, inspect any and all buildings and structures which are
subject to the requirements of this chapter or s. 509.215 and rules
promulgated thereunder. The authority to inspect shall extend to all
equipment, vehicles, and chemicals which are located [A> ON OR <A] within
the
premises of any such building or structure.
(1) Each county, municipality, and special district that has firesafety
enforcement responsibilities shall employ or contract with a firesafety
inspector. The firesafety inspector must conduct all firesafety inspections
that
are required by law [A> , EXCEPT AS PROVIDED BY S. 633.082(2)(B) <A] . The
governing body of a county, municipality, or special district that has
firesafety enforcement responsibilities may provide a schedule of fees to
pay
only the costs of inspections conducted pursuant to this subsection and
related
administrative expenses. Two or more counties, municipalities, or special
districts that have firesafety enforcement responsibilities may jointly
employ
or contract with a firesafety inspector.
(2) [A> EXCEPT AS PROVIDED BY S. 633.082(2)(B), <A] every firesafety
inspection conducted pursuant to state or local firesafety requirements
shall be
by a person certified as having met the inspection training requirements set
by
the State Fire Marshal. Such person shall:
(a) Be a high school graduate or the equivalent as determined by the
department;
(b) Not have been found guilty of, or having pleaded guilty or nolo
contendere to, a felony or a crime punishable by imprisonment of 1 year or
more
under the law of the United States, or of any state thereof, which involves
moral turpitude, without regard to whether a judgment of conviction has been
entered by the court having jurisdiction of such cases;
(c) Have her or his fingerprints on file with the department or with an
agency designated by the department;
(d) Have good moral character as determined by the department;
(e) Be at least 18 years of age;
(f) Have satisfactorily completed the firesafety inspector certification
examination as prescribed by the department; and
(g)1. Have satisfactorily completed, as determined by the department, a
firesafety inspector training program of not less than 200 hours established
by
the department and administered by agencies and institutions approved by the
department for the purpose of providing basic certification training for
firesafety inspectors; or
2. Have received in another state training which is determined by the
department to be at least equivalent to that required by the department for
approved firesafety inspector education and training programs in this state.
(3) [A> (A)1. EFFECTIVE JULY 1, 2011, THE CLASSIFICATION OF SPECIAL STATE
FIRESAFETY INSPECTOR IS ABOLISHED AND ALL SPECIAL STATE FIRESAFETY INSPECTOR
CERTIFICATIONS EXPIRE AT MIDNIGHT JUNE 30, 2011. <A]
[A> 2. ANY PERSON WHO IS A SPECIAL STATE FIRESAFETY INSPECTOR ON JUNE 30,
2011, AND WHO HAS FAILED TO COMPLY WITH PARAGRAPH (B) OR PARAGRAPH (C) IS
NOT
PERMITTED TO PERFORM ANY FIRESAFETY INSPECTION REQUIRED BY LAW. <A]
[A> 3. A SPECIAL STATE FIRESAFETY INSPECTOR CERTIFICATION MAY NOT BE
AWARDED
AFTER JUNE 30, 2009. <A]
[A> (B)1. ANY PERSON WHO IS A SPECIAL STATE FIRESAFETY INSPECTOR ON JULY
1,
2009, AND WHO HAS AT LEAST 5 YEARS OF EXPERIENCE AS A SPECIAL STATE
FIRESAFETY
INSPECTOR AS OF JULY 1, 2009, MAY TAKE THE SAME FIRESAFETY INSPECTION
EXAMINATION AS PROVIDED IN PARAGRAPH (2)(F) FOR FIRESAFETY INSPECTORS BEFORE
JULY 1, 2011, TO BE CERTIFIED AS A FIRESAFETY INSPECTOR DESCRIBED IN
SUBSECTION
(2). <A]
[A> 2. UPON PASSING THE EXAMINATION, THE PERSON SHALL BE CERTIFIED AS A
FIRESAFETY INSPECTOR AS PROVIDED IN SUBSECTION (2). <A]
[A> 3. FAILURE TO OBTAIN CERTIFICATION REQUIRES COMPLIANCE WITH PARAGRAPH
(C)
TO BE CERTIFIED AS A FIRESAFETY INSPECTOR AS PROVIDED IN SUBSECTION (2). <A]
[A> (C)1. TO BE CERTIFIED AS A FIRESAFETY INSPECTOR AS PROVIDED IN
SUBSECTION
(2), ANY PERSON WHO: <A]
[A> A. IS A SPECIAL STATE FIRESAFETY INSPECTOR ON JULY 1, 2009, AND WHO
DOES
NOT HAVE 5 YEARS OF EXPERIENCE AS A SPECIAL STATE FIRESAFETY INSPECTOR AS OF
JULY 1, 2009; OR <A]
[A> B. HAS 5 YEARS OF EXPERIENCE AS A SPECIAL STATE FIRESAFETY INSPECTOR
BUT
HAS FAILED THE EXAMINATION TAKEN PURSUANT TO PARAGRAPH (B), <A]
[A> MUST TAKE AN ADDITIONAL 80 HOURS OF THE COURSES DESCRIBED IN
PARAGRAPH
(2)(G). <A]
[A> 2. AFTER SUCCESSFULLY COMPLETING THE COURSES DESCRIBED IN THIS
PARAGRAPH,
SUCH PERSON IS PERMITTED TO TAKE THE FIRESAFETY INSPECTION EXAMINATION
DESCRIBED
IN PARAGRAPH (2)(F), IF SUCH EXAMINATION IS TAKEN BEFORE JULY 1, 2011. <A]
[A> 3. UPON PASSING THE EXAMINATION, THE PERSON IS CERTIFIED AS A
FIRESAFETY
INSPECTOR AS PROVIDED IN SUBSECTION (2). <A]
[A> 4. A PERSON WHO FAILS THE COURSE OF STUDY OR THE EXAMINATION
DESCRIBED IN
THIS PARAGRAPH MAY NOT PERFORM ANY FIRESAFETY INSPECTION REQUIRED BY LAW ON
OR
AFTER JULY 1, 2011 <A] [D> Each special state firesafety inspection which is
required by law and is conducted by or on behalf of an agency of the state
must
be performed by an individual who has met the provision of subsection (2),
except that the duration of the training program shall not exceed 120 hours
of
specific training for the type of property that such special state
firesafety
inspectors are assigned to inspect <D] .
(4) A firefighter certified pursuant to s. 633.35 may conduct firesafety
inspections, under the supervision of a certified firesafety inspector,
while on
duty as a member of a fire department company conducting inservice
firesafety
inspections without being certified as a firesafety inspector, if such
firefighter has satisfactorily completed an inservice fire department
company
inspector training program of at least 24 hours' duration as provided by
rule of
the department.
(5) Every firesafety inspector [D> or special state firesafety inspector
<D]
certificate is valid for a period of 3 years from the date of issuance.
Renewal
of certification shall be subject to the affected person's completing proper
application for renewal and meeting all of the requirements for renewal as
established under this chapter or by rule [A> ADOPTED <A] [D> promulgated
<D]
thereunder, which shall include completion of at least 40 hours during the
preceding 3-year period of continuing education as required by the rule of
the
department or, in lieu thereof, successful passage of an examination as
established by the department.
(6) The State Fire Marshal may deny, refuse to renew, suspend, or revoke
the
certificate of a firesafety inspector [D> or special state firesafety
inspector
<D] if it finds that any of the following grounds exist:
(a) Any cause for which issuance of a certificate could have been refused
had
it then existed and been known to the State Fire Marshal.
(b) Violation of this chapter or any rule or order of the State Fire
Marshal.
(c) Falsification of records relating to the certificate.
(d) Having been found guilty of or having pleaded guilty or nolo
contendere
to a felony, whether or not a judgment of conviction has been entered.
(e) Failure to meet any of the renewal requirements.
(f) Having been convicted of a crime in any jurisdiction which directly
relates to the practice of fire code inspection, plan review, or
administration.
(g) Making or filing a report or record that the certificateholder knows
to
be false, or knowingly inducing another to file a false report or record, or
knowingly failing to file a report or record required by state or local law,
or
knowingly impeding or obstructing such filing, or knowingly inducing another
person to impede or obstruct such filing.
(h) Failing to properly enforce applicable fire codes or permit
requirements
within this state which the certificateholder knows are applicable by
committing
willful misconduct, gross negligence, gross misconduct, repeated negligence,
or
negligence resulting in a significant danger to life or property.
(i) Accepting labor, services, or materials at no charge or at a
noncompetitive rate from any person who performs work that is under the
enforcement authority of the certificateholder and who is not an immediate
family member of the certificateholder. For the purpose of this paragraph,
the
term "immediate family member" means a spouse, child, parent, sibling,
grandparent, aunt, uncle, or first cousin of the person or the person's
spouse
or any person who resides in the primary residence of the certificateholder.
(7) The department shall provide by rule for the certification of
firesafety
inspectors.
[A> (8) THE STATE FIRE MARSHAL MAY DEVELOP BY RULE AN ADVANCED TRAINING
AND
CERTIFICATION PROGRAM FOR FIRESAFETY INSPECTORS WITH FIRE CODE MANAGEMENT
RESPONSIBILITY. THIS PROGRAM SHALL BE CONSISTENT WITH NATIONAL STANDARDS.
THE
PROGRAM SHALL ESTABLISH MINIMUM TRAINING, EDUCATION, AND EXPERIENCE LEVELS
FOR
FIRE SAFETY INSPECTORS WITH FIRE CODE MANAGEMENT RESPONSIBILITIES. <A]
[A> (9) THE DIVISION OF STATE FIRE MARSHAL MAY ENTER INTO A RECIPROCITY
AGREEMENT WITH THE FLORIDA BUILDING CODE ADMINISTRATORS AND INSPECTORS
BOARD,
ESTABLISHED PURSUANT TO S. 468.605, TO FACILITATE JOINT RECOGNITION OF
CONTINUING EDUCATION RECERTIFICATION HOURS FOR CERTIFICATEHOLDERS LICENSED
IN
ACCORDANCE WITH S. 468.609 AND FIRESAFETY INSPECTORS CERTIFIED IN ACCORDANCE
WITH SUBSECTION (2). <A]
Section 12. Subsection (2) of section 633.082, Florida Statutes, is
amended,
and subsection (6) is added to that section, to read:
633.082 Inspection of fire control systems, fire hydrants, and fire
protection systems.--
(2) Fire hydrants and fire protection systems installed in public and
private
properties, except one-family or two-family dwellings, in this state shall
be
inspected following procedures established in the nationally recognized
inspection, testing, and maintenance standards [D> NFPA-24 and NFPA-25 as
set
forth in the edition <D] adopted by the State Fire Marshal.
[A> (A) ALL ALARM SYSTEMS SHALL BE SERVICED, TESTED, REPAIRED, INSPECTED,
AND
IMPROVED IN COMPLIANCE WITH THE PROVISIONS OF THE APPLICABLE STANDARDS OF
THE
NATIONAL FIRE PROTECTION ASSOCIATION ADOPTED BY THE STATE FIRE MARSHAL
PURSUANT
TO AUTHORITY SPECIFIED IN SS. 633.071 AND 633.701. <A]
[A> (B) FIRE HYDRANTS OWNED BY PUBLIC GOVERNMENTAL ENTITIES SHALL BE
INSPECTED FOLLOWING PROCEDURES ESTABLISHED IN THE NATIONALLY RECOGNIZED
INSPECTION, TESTING, AND MAINTENANCE STANDARDS NFPA-24 AND NFPA-25 AS SET
FORTH
IN THE EDITION ADOPTED BY THE STATE FIRE MARSHAL. COUNTY, MUNICIPAL, AND
SPECIAL
DISTRICT UTILITIES MAY COMPLY WITH THIS SECTION WITH DESIGNATED EMPLOYEES
NOTWITHSTANDING THE REQUIREMENTS OF S. 633.081. HOWEVER, PRIVATE CONTRACTORS
MUST BE LICENSED PURSUANT TO THIS CHAPTER. <A]
[A> (C) FIRE PROTECTION SYSTEMS INSTALLED IN PUBLIC AND PRIVATE
PROPERTIES,
AND PRIVATE HYDRANTS THAT ARE ATTACHED TO AND AN INTEGRAL PART OF THE FIRE
PROTECTION SYSTEM, SHALL BE INSPECTED FOLLOWING PROCEDURES ESTABLISHED IN
THE
NATIONALLY RECOGNIZED INSPECTION, TESTING, AND MAINTENANCE STANDARDS ADOPTED
BY
THE STATE FIRE MARSHAL. <A] Quarterly, annual, 3-year, and 5-year
inspections
consistent with the contractual provisions with the owner shall be conducted
by
the certificateholder or permittees employed by the certificateholder
pursuant
to s. 633.521.
[A> (6) FIRE SPRINKLERS THAT HAVE BEEN LISTED BY THE MANUFACTURER OR A
GOVERNMENT ENTITY AS RECALLED OR TO BE REPLACED MUST BE REPLACED. IT IS THE
OBLIGATION OF THE OWNER TO DETERMINE REPLACEMENT COST RECOVERY FROM THE
MANUFACTURER. <A]
Section 13. Paragraph (a) of subsection (1) and subsections (2), (3), and
(4)
of section 633.085, Florida Statutes, are amended to read:
633.085 Inspections of state buildings and premises; tests of firesafety
equipment; building plans to be approved.--
(1)(a) It is the duty of the State Fire Marshal and her or his agents to
inspect, or cause to be inspected, each state- owned building [A> AND EACH
BUILDING LOCATED ON LAND OWNED BY THE STATE AND USED PRIMARILY FOR STATE
PURPOSES AS DETERMINED BY THE STATE FIRE MARSHAL, SUCH BUILDINGS TO BE
REFERRED
TO IN THIS SECTION AS A STATE-OWNED BUILDING OR STATE-OWNED BUILDINGS, <A]
on a
recurring basis established by rule, and to ensure that high- hazard
occupancies
are inspected at least annually, for the purpose of ascertaining and causing
to
be corrected any conditions liable to cause fire or endanger life from fire
and
any violation of the firesafety standards for state-owned buildings, the
provisions of this chapter, or the rules or regulations adopted and
promulgated
pursuant hereto. The State Fire Marshal shall, within 7 days following an
inspection, submit a report of such inspection to the head of the department
of
state government responsible for the building.
(2) The State Fire Marshal and her or his agents [A> MAY <A] [D> shall
<D]
conduct performance tests on any electronic fire warning and smoke detection
system, and any pressurized air-handling unit, in any state-owned [A>
BUILDING
<A] or state-leased space on a recurring basis as provided in subsection
(1).
The State Fire Marshal and her or his agents shall also ensure that fire
drills
are conducted in all [A> HIGH-HAZARD <A] state-owned [A> BUILDINGS <A] or
[A>
HIGH-HAZARD <A] state-leased [D> high-hazard <D] occupancies at least
annually.
(3) All construction of any new, or renovation, alteration, or change of
occupancy of any existing, state-owned [A> BUILDING <A] or state-leased
space
shall comply with the uniform firesafety standards of the State Fire
Marshal.
(a) For all new construction or renovation, alteration, or change of
occupancy of state-leased space, compliance with the uniform firesafety
standards shall be determined by reviewing the plans for the proposed
construction or occupancy submitted by the lessor to the Division of State
Fire
Marshal for review and approval prior to commencement of construction or
occupancy, which review shall be completed within 10 working days after
receipt
of the plans by the Division of State Fire Marshal.
(b) The plans for all construction of any new, or renovation or
alteration of
any existing, state-owned building are subject to the review and approval of
the
Division of State Fire Marshal for compliance with the uniform firesafety
standards prior to commencement of construction or change of occupancy,
which
review shall be completed within 30 calendar days of receipt of the plans by
the
Division of State Fire Marshal.
(4) The Division of State Fire Marshal may inspect state- owned [A>
BUILDINGS
AND <A] space and state-leased space as necessary prior to occupancy or
during
construction, renovation, or alteration to ascertain compliance with the
uniform
firesafety standards. Whenever the Division of State Fire Marshal determines
by
virtue of such inspection or by review of plans that construction,
renovation,
or alteration of state-owned [A> BUILDINGS <A] and state-leased space is not
in
compliance with the uniform firesafety standards, the Division of State Fire
Marshal shall issue an order to cease construction, renovation, or
alteration,
or to preclude occupancy, of a building until compliance is obtained, except
for
those activities required to achieve such compliance.
Section 14. Section 633.101, Florida Statutes, is amended to read:
633.101 Hearings; investigations; investigatory powers of State Fire
Marshal; costs of service and witness fees.--
(1) The State Fire Marshal may in his or her discretion take or cause to
be
taken the testimony on oath of all persons whom he or she believes to be
cognizant of any facts in relation to matters under investigation. [A> THE
STATE
FIRE MARSHAL MAY ADMINISTER OATHS AND AFFIRMATIONS, COMPEL THE ATTENDANCE OF
WITNESSES OR PROFFERING OF MATTER, AND COLLECT EVIDENCE. <A]
(2) [A> IF THE STATE FIRE MARSHAL SEEKS TO OBTAIN BY REQUEST ANY MATTER
THAT,
OR THE TESTIMONY OF ANY PERSON WHO, IS LOCATED OUTSIDE THE STATE, THE PERSON
REQUESTED SHALL PROVIDE THE TESTIMONY TO THE STATE FIRE MARSHAL OR MAKE THE
MATTER AVAILABLE TO THE STATE FIRE MARSHAL TO EXAMINE AT THE PLACE WHERE THE
MATTER IS LOCATED. THE STATE FIRE MARSHAL MAY DESIGNATE REPRESENTATIVES,
INCLUDING OFFICIALS OF THE STATE IN WHICH THE MATTER IS LOCATED, TO INSPECT
THE
MATTER ON BEHALF OF THE STATE FIRE MARSHAL, AND THE STATE FIRE MARSHAL MAY
RESPOND TO SIMILAR REQUESTS FROM OFFICIALS OF OTHER STATES. <A] [D> If the
State
Fire Marshal shall be of the opinion that there is sufficient evidence to
charge
any person with an offense, he or she shall cause the arrest of such person
and
shall furnish to the prosecuting officer of any court having jurisdiction of
said offense all information obtained by him or her, including a copy of all
pertinent and material testimony taken, together with the names and
addresses of
all witnesses. In the conduct of such investigations, the fire marshal may
request such assistance as may reasonably be given by such prosecuting
officers
and other local officials. <D]
[A> (3)(A) THE STATE FIRE MARSHAL MAY REQUEST THAT AN INDIVIDUAL WHO
REFUSES
TO COMPLY WITH ANY REQUEST MADE UNDER SUBSECTION (2) BE ORDERED BY THE
CIRCUIT
COURT TO PROVIDE THE TESTIMONY OR MATTER. THE COURT MAY NOT ORDER SUCH
COMPLIANCE UNLESS THE STATE FIRE MARSHAL HAS DEMONSTRATED TO THE
SATISFACTION OF
THE COURT THAT THE TESTIMONY OF THE WITNESS OR THE MATTER UNDER REQUEST HAS
A
DIRECT BEARING ON MATTER UNDER THE JURISDICTION OF THE STATE FIRE MARSHAL,
CONSTITUTES A FELONY OR MISDEMEANOR UNDER THE LAWS OF THIS STATE, OR IS
PERTINENT AND NECESSARY TO FURTHER SUCH INVESTIGATION. <A]
[A> (B) EXCEPT IN A PROSECUTION FOR PERJURY, AN INDIVIDUAL WHO COMPLIES
WITH
A COURT ORDER TO PROVIDE TESTIMONY OR MATTER AFTER ASSERTING A PRIVILEGE
AGAINST
SELF-INCRIMINATION TO WHICH THE INDIVIDUAL IS ENTITLED BY LAW MAY NOT BE
SUBJECTED TO A CRIMINAL PROCEEDING OR TO A CIVIL PENALTY WITH RESPECT TO THE
ACT
CONCERNING THAT WHICH THE INDIVIDUAL IS REQUIRED TO TESTIFY OR PRODUCE
RELEVANT
MATTER. <A]
[A> (C) IN THE ABSENCE OF FRAUD OR BAD FAITH, A PERSON IS NOT SUBJECT TO
CIVIL LIABILITY FOR LIBEL, SLANDER, OR ANY OTHER RELEVANT TORT BY VIRTUE OF
FILING REPORTS, WITHOUT MALICE, OR FURNISHING OTHER INFORMATION, WITHOUT
MALICE,
REQUIRED BY THIS CHAPTER OR REQUIRED BY THE STATE FIRE MARSHAL UNDER THE
AUTHORITY GRANTED IN THIS CHAPTER, AND NO CIVIL CAUSE OF ACTION OF ANY
NATURE
SHALL ARISE AGAINST SUCH PERSON FOR: <A]
[A> 1. ANY INFORMATION RELATING TO A MATTER UNDER THE JURISDICTION OF THE
STATE FIRE MARSHAL, SUSPECTED VIOLATIONS OF THE LAWS OF THIS STATE, OR
PERSONS
SUSPECTED OF ENGAGING IN SUCH ACTS FURNISHED TO OR RECEIVED FROM LAW
ENFORCEMENT
OFFICIALS OR THEIR AGENTS OR EMPLOYEES; <A]
[A> 2. ANY INFORMATION RELATING TO ANY MATTER UNDER THE JURISDICTION OF
THE
STATE FIRE MARSHAL, SUSPECTED VIOLATIONS OF THE LAWS OF THIS STATE, OR
PERSONS
SUSPECTED OF ENGAGING IN SUCH ACTS FURNISHED TO OR RECEIVED FROM OTHER
PERSONS
SUBJECT TO THE PROVISIONS OF THIS CHAPTER; <A]
[A> 3. ANY INFORMATION FURNISHED IN REPORTS TO THE STATE FIRE MARSHAL OR
ANY
LOCAL, STATE, OR FEDERAL ENFORCEMENT OFFICIALS OR THEIR AGENTS OR EMPLOYEES;
OR
<A]
[A> 4. OTHER ACTIONS TAKEN IN COOPERATION WITH ANY OF THE AGENCIES OR
INDIVIDUALS SPECIFIED IN THIS PARAGRAPH IN THE LAWFUL INVESTIGATION OF
VIOLATIONS UNDER THE JURISDICTION OF THE STATE FIRE MARSHAL OR SUSPECTED
VIOLATIONS OF THE LAWS OF THIS STATE. <A]
[A> (D) IN ADDITION TO THE IMMUNITY GRANTED IN PARAGRAPH (C), PERSONS
IDENTIFIED AS EMPLOYEES OF OR CONSULTANTS TO INSURERS WHOSE RESPONSIBILITIES
INCLUDE THE INVESTIGATION AND DISPOSITION OF VIOLATIONS UNDER THE
JURISDICTION
OF THE STATE FIRE MARSHAL OR THE LAWS OF THIS STATE AND CLAIMS RELATING TO
SUSPECTED FRAUDULENT INSURANCE ACTS MAY SHARE INFORMATION RELATING TO
PERSONS
SUSPECTED OF SUCH ACTS WITH OTHER EMPLOYEES OR CONSULTANTS EMPLOYED BY THE
SAME
OR OTHER INSURERS WHOSE RESPONSIBILITIES INCLUDE SUCH ACTS. UNLESS THE
EMPLOYEES
OF OR CONSULTANTS TO THE INSURER ACT IN BAD FAITH OR IN RECKLESS DISREGARD
FOR
THE RIGHTS OF ANY INSURED, THE INSURER OR ITS DESIGNATED EMPLOYEES ARE NOT
CIVILLY LIABLE FOR LIBEL, SLANDER, OR ANY OTHER RELEVANT TORT, AND A CIVIL
ACTION DOES NOT ARISE AGAINST THE INSURER OR ITS DESIGNATED EMPLOYEES FOR:
<A]
[A> 1. ANY INFORMATION RELATED TO ANY MATTER UNDER THE JURISDICTION OF
THE
STATE FIRE MARSHAL OR SUSPECTED VIOLATIONS OF THE LAWS OF THIS STATE; OR <A]
[A> 2. ANY INFORMATION RELATING TO ANY MATTER UNDER THE JURISDICTION OF
THE
STATE FIRE MARSHAL OR VIOLATIONS OF THE LAWS OF THIS STATE PROVIDED TO THE
NATIONAL INSURANCE CRIME BUREAU OR THE NATIONAL ASSOCIATION OF INSURANCE
COMMISSIONERS. <A]
[A> HOWEVER, THE QUALIFIED IMMUNITY AGAINST CIVIL LIABILITY CONFERRED ON
ANY
INSURER OR ITS EMPLOYEES AND CONSULTANTS SHALL BE FORFEITED WITH RESPECT TO
THE
EXCHANGE OR PUBLICATION OF ANY DEFAMATORY INFORMATION WITH THIRD PERSONS NOT
EXPRESSLY AUTHORIZED BY THIS PARAGRAPH TO SHARE IN SUCH INFORMATION. <A]
[A> (E) THIS SECTION DOES NOT ABROGATE OR MODIFY IN ANY WAY ANY
COMMON-LAW OR
STATUTORY PRIVILEGE OR IMMUNITY OTHERWISE ENJOYED BY ANY PERSON. <A]
[A> (F) FOR THE PURPOSE OF THIS SECTION, THE TERM "CONSULTANT" MEANS ANY
INDIVIDUAL OR ENTITY, OR EMPLOYEE OF THE INDIVIDUAL OR ENTITY, RETAINED BY
AN
INSURER TO ASSIST IN THE INVESTIGATION OF A FIRE, EXPLOSION, OR SUSPECTED
FRAUDULENT INSURANCE ACT. <A]
[D> (3) The fire marshal may summon and compel the attendance of
witnesses
before him or her to testify in relation to any manner which is, by the
provisions of this chapter, a subject of inquiry and investigation, and he
or
she may require the production of any book, paper or document deemed
pertinent
thereto by him or her, and may seize furniture and other personal property
to be
held for evidence. <D]
(4) [A> PAPERS, DOCUMENTS, REPORTS, OR EVIDENCE RELATIVE TO THE SUBJECT
OF AN
INVESTIGATION UNDER THIS SECTION ARE NOT SUBJECT TO DISCOVERY UNTIL THE
INVESTIGATION IS COMPLETED OR CEASES TO BE ACTIVE. AGENTS OF THE STATE FIRE
MARSHAL ARE NOT SUBJECT TO SUBPOENA IN CIVIL ACTIONS BY ANY COURT OF THIS
STATE
TO TESTIFY CONCERNING ANY MATTER OF WHICH THEY HAVE KNOWLEDGE PURSUANT TO A
PENDING INVESTIGATION BY THE STATE FIRE MARSHAL. <A] [D> All persons so
summoned
and so testifying shall be entitled to the same witness fees and mileage as
provided for witnesses testifying in the circuit courts of this state, and
officers serving subpoenas or orders of the fire marshal shall be paid in
like
manner for like services in such courts, from the funds herein provided. <D]
[A> (5) ANY PERSON, OTHER THAN AN INSURER, AGENT, OR OTHER PERSON
LICENSED
UNDER THE FLORIDA INSURANCE CODE, OR AN EMPLOYEE OF SUCH LICENSEE, HAVING
KNOWLEDGE OR A BELIEF THAT A CRIME INVOLVING ARSON, A DESTRUCTIVE DEVICE, AN
ILLEGAL POSSESSION OF EXPLOSIVES, A FRAUDULENT INSURANCE ACT, OR ANY OTHER
ACT
OR PRACTICE WHICH, UPON CONVICTION, CONSTITUTES A FELONY OR A MISDEMEANOR
UNDER
THE LAWS OF THIS STATE IS BEING OR HAS BEEN COMMITTED MAY SUBMIT TO THE
STATE
FIRE MARSHAL A REPORT OR INFORMATION PERTINENT TO SUCH KNOWLEDGE OR BELIEF
AND
SUCH ADDITIONAL INFORMATION RELATIVE TO SUCH KNOWLEDGE OR BELIEF AS THE
STATE
FIRE MARSHAL MAY REQUEST. ANY INSURER, AGENT, OR OTHER PERSON LICENSED UNDER
THE
FLORIDA INSURANCE CODE, OR AN EMPLOYEE OF SUCH LICENSEE, HAVING KNOWLEDGE OR
A
BELIEF THAT A CRIME INVOLVING ARSON, A DESTRUCTIVE DEVICE, AN ILLEGAL
POSSESSION
OF EXPLOSIVES, OR ANY OTHER ACT OR PRACTICE WHICH, UPON CONVICTION,
CONSTITUTES
A FELONY OR A MISDEMEANOR UNDER THIS CHAPTER OR S. 817.233, IS BEING OR HAS
BEEN
COMMITTED, SHALL NOTIFY THE STATE FIRE MARSHAL AND SHALL FURNISH THE STATE
FIRE
MARSHAL WITH ALL MATERIAL ACQUIRED BY THE COMPANY DURING THE COURSE OF ITS
INVESTIGATION. THE STATE FIRE MARSHAL MAY ADOPT RULES IMPLEMENTING THIS
SUBSECTION. THE STATE FIRE MARSHAL SHALL REVIEW SUCH INFORMATION OR REPORTS
AND
SELECT SUCH INFORMATION OR REPORTS AS, IN HIS OR HER JUDGMENT, MAY REQUIRE
FURTHER INVESTIGATION. THE STATE FIRE MARSHAL SHALL THEN CAUSE AN
INDEPENDENT
EXAMINATION OF THE FACTS SURROUNDING SUCH INFORMATION OR REPORT TO BE MADE
TO
DETERMINE THE EXTENT, IF ANY, TO WHICH A CRIME INVOLVING ARSON, A
DESTRUCTIVE
DEVICE, ILLEGAL POSSESSION OF EXPLOSIVES, OR A FRAUDULENT INSURANCE ACT, OR
ANY
OTHER ACT OR PRACTICE THAT, UPON CONVICTION, CONSTITUTES A FELONY OR A
MISDEMEANOR UNDER THE LAWS OF THIS STATE IS BEING OR HAS BEEN COMMITTED. THE
STATE FIRE MARSHAL SHALL REPORT ANY ALLEGED VIOLATIONS OF LAW WHICH HIS OR
HER
INVESTIGATIONS REVEAL TO THE APPROPRIATE LICENSING AGENCY AND STATE ATTORNEY
OR
OTHER PROSECUTING AGENCY HAVING JURISDICTION WITH RESPECT TO ANY SUCH
VIOLATION.
<A]
[A> (6) IT IS UNLAWFUL FOR ANY PERSON TO RESIST AN ARREST BY AN AGENT OF
THE
STATE FIRE MARSHAL AUTHORIZED BY THIS SECTION OR IN ANY MANNER TO INTERFERE,
BY
ABETTING OR ASSISTING SUCH RESISTANCE OR OTHERWISE INTERFERING, WITH ANY
DIVISION OF STATE FIRE MARSHAL INVESTIGATOR IN THE DUTIES IMPOSED UPON SUCH
AGENT OR INVESTIGATOR BY LAW OR DEPARTMENT RULE. <A]
Section 15. Section 633.121, Florida Statutes, is amended to read:
633.121 Persons authorized to enforce laws and rules of State Fire
Marshal.--The chiefs of county, municipal, and special-district fire
departments; other fire department personnel designated by their respective
chiefs; [D> and <D] personnel designated by local governments having no
organized fire departments [A> ; AND ALL LAW ENFORCEMENT OFFICERS IN THE
STATE
DULY CERTIFIED UNDER CHAPTER 943 AND ACTING UPON THE REQUEST OF THE STATE
FIRE
MARSHAL OR A CHIEF OF A COUNTY, MUNICIPAL, OR SPECIAL DISTRICT FIRE
DEPARTMENT
MAY <A] [D> are authorized to <D] enforce this [A> CHAPTER <A] [D> law <D]
and
all rules [A> ADOPTED <A] [D> prescribed <D] by the State Fire Marshal
within
their respective jurisdictions. Such personnel acting under the authority of
this section shall be deemed to be agents of their respective jurisdictions,
not agents of the State Fire Marshal.
Section 16. Section 633.13, Florida Statutes, is amended to read:
633.13 State Fire Marshal; authority of agents.--The authority given the
State Fire Marshal under this [A> CHAPTER OR ANY RULE OR ORDER ADOPTED BY
THE
STATE FIRE MARSHAL <A] [D> law <D] may be exercised by his or her agents,
either individually or in conjunction with any other state or local official
charged with similar responsibilities.
Section 17. Section 633.14, Florida Statutes, is amended to read:
633.14 Agents; powers to make arrests, conduct searches and seizures,
serve summonses, and carry firearms.--Agents [A> OR INVESTIGATORS <A] of the
State Fire Marshal [A> HAVE THE POWER TO MAKE ARRESTS FOR CRIMINAL
VIOLATIONS
ESTABLISHED AS A RESULT OF INVESTIGATIONS. SUCH AGENTS OR INVESTIGATORS
SHALL
ALSO BE CONSIDERED STATE LAW ENFORCEMENT OFFICERS FOR ALL PURPOSES AND SHALL
HAVE THE POWER TO EXECUTE ARREST WARRANTS AND SEARCH WARRANTS; TO SERVE
SUBPOENAS ISSUED FOR THE EXAMINATION, INVESTIGATION, AND TRIAL OF ALL
OFFENSES; AND TO ARREST UPON PROBABLE CAUSE, WITHOUT WARRANT, ANY PERSON
VIOLATING ANY PROVISION OF THE LAWS OF THIS STATE. AGENTS OR INVESTIGATORS
EMPOWERED TO MAKE ARRESTS UNDER THIS SECTION MAY BEAR ARMS IN THE
PERFORMANCE
OF THEIR DUTIES. IN SUCH A SITUATION, THE INVESTIGATOR MUST BE CERTIFIED IN
COMPLIANCE WITH THE PROVISIONS OF S. 943.1395 OR MUST MEET THE TEMPORARY
EMPLOYMENT OR APPOINTMENT EXEMPTION REQUIREMENTS OF S. 943.131 UNTIL
CERTIFIED
<A] [D> shall have the same authority to serve summonses, make arrests,
carry
firearms, and make searches and seizures, as the sheriff or her or his
deputies, in the respective counties where such investigations, hearings, or
inspections may be held; and affidavits necessary to authorize any such
arrests, searches, or seizures may be made before any trial court judge
having
authority under the law to issue appropriate processes <D] .
Section 18. Subsections (1) and (3) of section 633.161, Florida Statutes,
are
amended to read:
633.161 Violations; orders to cease and desist, correct hazardous
conditions, preclude occupancy, or vacate; enforcement; penalties.--
(1) If it is determined by the department that a violation specified in
this
subsection exists, the State Fire Marshal or her or his [A> AGENT <A] [D>
deputy
<D] may issue and deliver to the person committing the violation an order to
cease and desist from such violation, to correct any hazardous condition, to
preclude occupancy of the affected building or structure, or to vacate the
premises of the affected building or structure. Such violations [A> CONSIST
OF
<A] [D> are <D] :
(a) Except as set forth in paragraph (b), a violation of any provision of
this chapter, of any rule adopted pursuant thereto, of any applicable
uniform
firesafety standard adopted pursuant to s. 633.022 which is not adequately
addressed by any alternative requirements adopted on a local level, or of
any
minimum firesafety standard adopted pursuant to s. 394.879.
(b) A substantial violation of an applicable minimum firesafety standard
adopted pursuant to s. 633.025 which is not reasonably addressed by any
alternative requirement imposed at the local level, or an unreasonable
interpretation of an applicable minimum firesafety standard, and which
violation
or interpretation clearly constitutes a danger to lifesafety.
(c) A building or structure which is in a dilapidated condition and as a
result thereof creates a danger to life, safety, or property.
(d) A building or structure which contains explosive matter or flammable
liquids or gases constituting a danger to life, safety, or property.
[A> (E) A FIRE DEPARTMENT THAT IS NOT DESIGNATED BY A POLITICAL
SUBDIVISION
AS DEFINED IN S. 1.01. <A]
(3) Any person who violates or fails to comply with any order under
subsection (1) or subsection (2) [A> COMMITS <A] [D> is guilty of <D] a
misdemeanor, punishable as provided in s. 633.171.
Section 19. Subsection (1) of section 633.171, Florida Statutes, is
amended
to read:
633.171 Penalty for violation of law, rule, or order to cease and desist
or for failure to comply with corrective order.--
(1) Any person who violates any provision of this [A> CHAPTER <A] [D> law
<D]
, any order or rule of the State Fire Marshal, or any order to cease and
desist
or to correct conditions issued under this chapter commits a misdemeanor of
the
second degree, punishable as provided in s. 775.082 or s. 775.083.
Section 20. Subsection (1) of section 633.175, Florida Statutes, is
amended
to read:
633.175 Investigation of [A> ARSON, <A] fraudulent insurance claims [A>
,
<A] and crimes; immunity of insurance companies supplying information.--
(1) [A> IN ADDITION TO THE OTHER POWERS GRANTED BY THIS CHAPTER, <A] the
State Fire Marshal or an agent appointed pursuant to s. 633.02, any law
enforcement officer as defined in s. 111.065, any law enforcement officer of
a
federal agency, or any fire department official who is engaged in the
investigation of a fire loss [A> OR LOSS FROM AN EXPLOSION <A] may request
any
insurance company or its agent, adjuster, employee, or attorney,
investigating a
claim under an insurance policy or contract with respect to a fire to
release
any information whatsoever in the possession of the insurance company or its
agent, adjuster, employee, or attorney relative to a loss from that fire.
The
insurance company shall release the available information to and cooperate
with
any official authorized to request such information pursuant to this
section.
The information shall include, but shall not be limited to:
(a) Any insurance policy relevant to a loss under investigation and any
application for such a policy.
(b) Any policy premium payment records.
(c) The records, reports, and all material pertaining to any previous
claims
made by the insured with the reporting company.
(d) Material relating to the investigation of the loss, including
statements
of any person, proof of loss, and other relevant evidence.
(e) Memoranda, notes, and correspondence relating to the investigation of
the
loss in the possession of the insurance company or its agents, adjusters,
employees, or attorneys.
Section 21. Section 633.18, Florida Statutes, is amended to read:
633.18 State Fire Marshal; hearings and investigations; subpoena of
witnesses; orders of circuit court.--Any agent designated by the State Fire
Marshal for such purposes, may hold hearings, sign and issue subpoenas,
administer oaths, examine witnesses, receive evidence, and require by
subpoena
the attendance and testimony of witnesses and the production of such
accounts,
records, memoranda or other evidence, as may be material for the
determination
of any complaint or conducting any inquiry or investigation under this [A>
CHAPTER OR ANY RULE OR ORDER OF THE STATE FIRE MARSHAL <A] [D> law <D] . In
case of disobedience to a subpoena, the State Fire Marshal or his or her
agent
may invoke the aid of any court of competent jurisdiction in requiring the
attendance and testimony of witnesses and the production of accounts,
records,
memoranda or other evidence and any such court may in case of contumacy or
refusal to obey a subpoena issued to any person, issue an order requiring
the
person to appear before the State Fire Marshal's agent or produce accounts,
records, memoranda or other evidence, as so ordered, or to give evidence
touching any matter pertinent to any complaint or the subject of any inquiry
or investigation, and any failure to obey such order of the court shall be
punished by the court as a contempt thereof.
Section 22. Section 633.30, Florida Statutes, is amended to read:
633.30 Standards for firefighting; definitions.--As used in this
chapter,
the term:
(1) [A> "CAREER FIREFIGHTER" MEANS A PERSON WHO IS COMPENSATED AT AN
HOURLY
OR SALARIED RATE AND WHOSE WORK HOURS ARE SCHEDULED IN ADVANCE TO MAINTAIN A
SCHEDULE OF COVERAGE AT A STATION, FACILITY, OR AREA TO FUNCTION AS
DESCRIBED IN
SUBSECTION (8) <A] [D> "Firefighter" means any person initially employed as
a
full-time professional firefighter by any employing agency, as defined
herein,
whose primary responsibility is the prevention and extinguishment of fires,
the
protection and saving of life and property, and the enforcement of
municipal,
county, and state fire prevention codes, as well as of any law pertaining to
the
prevention and control of fires <D] .
(2) [A> "COUNCIL" MEANS THE FIREFIGHTERS EMPLOYMENT, STANDARDS, AND
TRAINING
COUNCIL <A] [D> "Employing agency" means any municipality or county, the
state,
or any political subdivision of the state, including authorities and special
districts, employing firefighters as defined in subsection (1) <D] .
(3) "Department" means the Department of Financial Services.
(4) [A> "DIVISION" MEANS THE DIVISION OF STATE FIRE MARSHAL OF THE
DEPARTMENT
OF FINANCIAL SERVICES <A] [D> "Council" means the Firefighters Employment,
Standards, and Training Council <D] .
(5) [A> "EMPLOYING AGENCY" MEANS ANY MUNICIPALITY OR COUNTY, THE STATE,
OR
ANY POLITICAL SUBDIVISION OF THE STATE, INCLUDING AUTHORITIES, SPECIAL
DISTRICTS, OR ANY PRIVATE ENTITY UNDER CONTRACT WITH SUCH ENTITIES <A] [D>
"Division" means the Division of State Fire Marshal of the Department of
Financial Services <D] .
[A> (6) "FIRE DEPARTMENT" MEANS AN ORGANIZATION DESIGNATED BY A STATE
POLITICAL SUBDIVISION, SUCH AS A COUNTY, MUNICIPALITY, OR SPECIAL FIRE
CONTROL
DISTRICT, TO PROVIDE EMERGENCY RESPONSE FOR THE PROTECTION OF LIFE AND
PROPERTY
WITHIN A SPECIFIED GEOGRAPHICAL AREA. <A]
[A> (7) "FIRE SERVICE APPRENTICE" MEANS ANY HIGH SCHOOL STUDENT WHO
COMPLETES
A HIGH SCHOOL COURSE OF INSTRUCTION AND EXAMINATION APPROVED BY THE
DEPARTMENT
THAT INCLUDES SPECIFIED COMPONENTS OF FIREFIGHTER I AND II CERTIFICATION IN
ACCORDANCE WITH THE DIVISION'S RULES. BEFORE THE AGE OF 18, A FIRE SERVICE
APPRENTICE MAY FUNCTION AS A FIREGROUND RESOURCE TECHNICIAN WITH A
RECOGNIZED
FIRE DEPARTMENT. UPON AGE OF 18 AND GRADUATION FROM HIGH SCHOOL, THE FIRE
SERVICE APPRENTICE MAY COMPLETE THE OUTSTANDING COMPONENTS OF FIREFIGHTER I
AND
II CERTIFICATION TRAINING AND BECOME CERTIFIED AT LEVEL II IN ACCORDANCE
WITH
THE DIVISION'S RULES. <A]
[A> (8) "FIREFIGHTER" MEANS ANY PERSON WHOSE RESPONSIBILITY IS THE
EMERGENCY
RESPONSE TO FIRES AND OTHER EMERGENCIES, THE PREVENTION AND EXTINGUISHMENT
OF
FIRES, THE PROTECTION AND SAVING OF LIFE AND PROPERTY, AND THE ENFORCEMENT
OF
MUNICIPAL, COUNTY, AND STATE FIRE PREVENTION CODES, AS WELL AS OF ANY LAW
PERTAINING TO THE PREVENTION AND CONTROL OF FIRES. <A]
[A> (9) "FIREFIGHTER I" MEANS A PERSON WHO HAS SUCCESSFULLY COMPLETED THE
FIREFIGHTER I TRAINING PROGRAM AND IS CERTIFIED AT LEVEL I IN ACCORDANCE
WITH
THE DIVISION'S RULES. FIREFIGHTER I IS THE MINIMUM LEVEL OF CERTIFICATION TO
FUNCTION AS A VOLUNTEER FIREFIGHTER. <A]
[A> (10) "FIREFIGHTER II" MEANS A PERSON WHO HAS SUCCESSFULLY COMPLETED
THE
FIREFIGHTER II TRAINING PROGRAM AND IS CERTIFIED AT LEVEL II IN ACCORDANCE
WITH
THE DIVISION'S RULES. FIREFIGHTER II IS THE MINIMUM LEVEL OF CERTIFICATION
TO
FUNCTION AS A CAREER FIREFIGHTER AS SET FORTH IN SUBSECTION (1). FOR
PURPOSES OF
THIS CHAPTER, A CERTIFICATE OF COMPLIANCE AT LEVEL II REPLACES THE PREVIOUS
CERTIFICATE OF COMPLIANCE REQUIRED TO BE A CAREER FIREFIGHTER. FIREFIGHTERS
CURRENTLY CERTIFIED WITH A CERTIFICATE OF COMPLIANCE ARE DEEMED TO BE IN
COMPLIANCE WITH THE REQUIREMENTS OF THIS CHAPTER AND NEED NOT BECOME
CERTIFIED
AS A FIREFIGHTER II. <A]
[A> (11) "FIREGROUND RESOURCE TECHNICIAN" MEANS A VOLUNTEER EXTERIOR
FIREFIGHTER OR SUPPORT PERSON WHO IS NOT QUALIFIED BY CERTIFICATION TO BE AN
INTERIOR FIREFIGHTER BUT WHO HAS COMPLETED A COURSE OF INSTRUCTION IN
ACCORDANCE
WITH THE DIVISION'S RULES. FIREGROUND RESOURCE TECHNICIAN IS THE MINIMUM
LEVEL
OF CERTIFICATION TO FUNCTION ON THE FIREGROUND IN ACCORDANCE WITH DIVISION
RULES. <A]
Section 23. Section 633.34, Florida Statutes, is amended to read:
633.34 Firefighters; qualifications for employment.--
[A> (1) <A] Any person applying [A> TO AN EMPLOYING AGENCY TO FUNCTION
<A]
[D> for employment <D] as a firefighter must:
[A> (A) <A] [D> (1) <D] Be a high school graduate or the equivalent, as
the
term may be determined by the division, and at least 18 years of age.
[A> (B) <A] [D> (2) <D] [A> NEVER HAVE BEEN ADJUDICATED GUILTY OF, OR
PLED
GUILTY OR NOLO CONTENDERE TO, ANY: <A]
[A> 1. FELONY. IF AN APPLICANT HAS BEEN CONVICTED OF A FELONY, THE
APPLICANT
IS NOT ELIGIBLE FOR CERTIFICATION UNTIL THE APPLICANT COMPLIES WITH S.
112.011(2)(B); OR <A]
[A> 2. MISDEMEANOR INVOLVING MORAL TURPITUDE, OR MISLEADING OR FALSE
STATEMENTS RELATING TO CERTIFICATION OR EMPLOYMENT AS A FIREFIGHTER. <A]
[A> IF AN APPLICANT HAS BEEN SENTENCED FOR ANY CONVICTION OF A FELONY OR
A
MISDEMEANOR, THE APPLICANT IS NOT ELIGIBLE FOR CERTIFICATION UNTIL 4 YEARS
AFTER
THE EXPIRATION OF ANY SENTENCE. IF A SENTENCE IS SUSPENDED OR ADJUDICATION
IS
WITHHELD AND A PERIOD OF PROBATION IS IMPOSED, THE APPLICANT MUST HAVE BEEN
RELEASED FROM PROBATION <A] [D> Neither have been convicted of a felony or
of a
misdemeanor directly related to the position of employment sought, nor have
pled
nolo contendere to any charge of a felony. If an applicant has been
convicted of
a felony, such applicant must be in compliance with s. 112.011(2)(b). If an
applicant has been convicted of a misdemeanor directly related to the
position
of employment sought, such applicant shall be excluded from employment for a
period of 4 years after expiration of sentence. If the sentence is suspended
or
adjudication is withheld in a felony charge or in a misdemeanor directly
related
to the position or employment sought and a period of probation is imposed,
the
applicant must have been released from probation <D] .
[A> (C) <A] [D> (3) <D] [A> PAY FOR AND SUBMIT FINGERPRINTS AS DIRECTED
BY
THE DIVISION <A] [D> Submit a fingerprint card to the division with a
current
processing fee <D] . The [A> FINGERPRINTS SHALL <A] [D> fingerprint card
will
<D] be forwarded to the Department of Law Enforcement [A> OR <A] [D> and/or
<D]
the Federal Bureau of Investigation [A> , OR BOTH, AS DIRECTED BY DIVISION
RULE
<A] .
[D> (4) Have a good moral character as determined by investigation under
procedure established by the division. <D]
[A> (D) <A] [D> (5) <D] Be in good physical condition as determined by a
medical examination given by a physician, surgeon, or physician assistant
licensed to practice in the state pursuant to chapter 458; an osteopathic
physician, surgeon, or physician assistant licensed to practice in the state
pursuant to chapter 459; or an advanced registered nurse practitioner
licensed
to practice in the state pursuant to chapter 464 [A> , WHO ARE AWARE OF AND
FAMILIAR WITH THE MEDICAL REQUIREMENTS FOR TRAINING AND CERTIFICATION AS
STATED
IN DEPARTMENT RULE <A] . [D> Such examination may include, but need not be
limited to, provisions of the National Fire Protection Association Standard
1582. <D] [A> RESULTS OF THIS <A] [D> A <D] medical examination evidencing
good
physical condition shall be submitted to the division, on a form as provided
by
rule, before an individual is eligible for admission into a firefighter
training
program as defined in s. 633.35.
[A> (E) <A] [D> (6) <D] Be a nonuser of tobacco or tobacco products for
at
least 1 year immediately preceding application, as evidenced by the sworn
affidavit of the applicant.
[A> (2) A PERSON WHO DOES NOT HOLD A FIRE SERVICE APPRENTICE, FIREGROUND
RESOURCE TECHNICIAN, FIREFIGHTER I, OR FIREFIGHTER II CERTIFICATE MAY NOT
RESPOND OR ENGAGE IN HAZARDOUS OPERATIONS, INCLUDING, BUT NOT LIMITED TO,
INTERIOR STRUCTURAL FIREFIGHTING, HAZARDOUS-MATERIALS-INCIDENT MITIGATION,
AND
INCIDENT COMMAND, REQUIRING THE KNOWLEDGE AND SKILLS TAUGHT IN THE TRAINING
PROGRAMS ESTABLISHED IN S. 633.35, REGARDLESS OF VOLUNTEER OR EMPLOYMENT
STATUS.
<A]
Section 24. Section 633.35, Florida Statutes, is amended to read:
633.35 Firefighter training and certification.--
(1) The division shall establish [A> BY RULE <A] [D> a <D] firefighter
training [A> PROGRAMS FOR CERTIFICATION AS A FIREGROUND RESOURCE TECHNICIAN,
A
FIRE SERVICE APPRENTICE, A FIREFIGHTER I, AND A FIREFIGHTER II, TO BE <A]
[D>
program of not less than 360 hours, <D] administered by such agencies and
institutions as [A> APPROVED BY THE DIVISION IN ACCORDANCE WITH DIVISION
RULES
<A] [D> it approves <D] for the purpose of providing [D> basic employment
<D]
training for firefighters. Nothing herein shall require a public employer to
pay
the cost of such training.
(2) The division shall issue [A> CERTIFICATES <A] [D> a certificate <D]
of
compliance [A> FOR CERTIFICATION AS A FIREGROUND RESOURCE TECHNICIAN, A FIRE
SERVICE APPRENTICE, A FIREFIGHTER I, AND A FIREFIGHTER II <A] to any person
[A>
WHO HAS <A] satisfactorily [A> COMPLETED <A] [D> complying with <D] the
training
[A> PROGRAMS <A] [D> program <D] established in subsection (1), who has
successfully passed an examination as prescribed by the division, and who
possesses the qualifications [A> SPECIFIED <A] [D> for employment <D] in s.
633.34 [D> , except s. 633.34(5) <D] . [A> A <A] [D> No <D] person may [A>
NOT
<A] be employed as a [A> CAREER <A] [D> regular or permanent <D] firefighter
by
an employing agency, or by a private entity under contract with the state or
any
political subdivision of the state, including authorities and special
districts,
[A> UNLESS CERTIFIED AS A FIREFIGHTER II, EXCEPT FOR AN INDIVIDUAL HIRED TO
BE
TRAINED AND BECOME CERTIFIED AS A FIREFIGHTER II. AN INDIVIDUAL HIRED TO BE
TRAINED AND BECOME CERTIFIED AS A FIREFIGHTER II HAS A MAXIMUM OF <A] [D>
for a
period of time in excess of <D] 1 year from the date of initial employment
[A>
TO OBTAIN THE FIREFIGHTER II <A] [D> until he or she has obtained such <D]
certificate of compliance. A person who does not hold a [A> FIREFIGHTER II
<A]
certificate of compliance and is employed under this section may not
directly
engage in hazardous operations, such as interior structural firefighting and
hazardous-materials-incident mitigation, requiring the knowledge and skills
taught in a training program established in subsection (1). However, a
person
who [A> IS CERTIFIED AND <A] has [A> BEEN EMPLOYED BY <A] [D> served as a
volunteer firefighter with <D] the state or any political subdivision of the
state, including authorities and special districts, who is then employed as
a
[A> CAREER <A] [D> regular or permanent <D] firefighter may function, during
this period, in the same capacity in which he or she acted [A> PRIOR TO
BEING
EMPLOYED AS A CAREER FIREFIGHTER <A] [D> as a volunteer firefighter,
provided
that he or she has completed all training required by the volunteer
organization
<D] .
(3) The division may issue a certificate [A> OF COMPLIANCE AT THE
FIREFIGHTER
I OR FIREFIGHTER II LEVEL <A] to any person who has received basic
employment
training for firefighters in another state when the division has determined
that
such training was at least equivalent to that required by the division for
approved firefighter education and training programs in this state and when
such
person has satisfactorily complied with all other requirements of this
section.
The division may also issue a special certificate to a person who is
otherwise
qualified under this section and who is employed as the administrative and
command head of a fire/rescue/emergency services organization, based on the
acknowledgment that such person is less likely to need physical dexterity
and
more likely to need advanced knowledge of firefighting and supervisory
skills.
The certificate is valid only while the person is serving in a position as
an
administrative and command head of a fire/rescue/emergency services
organization
[A> AND MUST BE OBTAINED PRIOR TO EMPLOYMENT IN SUCH CAPACITY <A] .
(4) A person who fails an examination given under this section may retake
the
examination once within 6 months after the original examination date. An
applicant who does not [A> PASS <A] [D> retake <D] the examination within
such
time must [A> REPEAT OR <A] take the [A> APPLICABLE TRAINING PROGRAM <A] [D>
Minimum Standards Course <D] , pursuant to subsection (1), before being
reexamined. The division may establish reasonable preregistration deadlines
for
such reexaminations.
(5) Pursuant to s. 590.02(1)(e), the division shall establish a
structural
fire training program of not less than 40 hours. The division shall issue to
any
person satisfactorily complying with this training program and who has
successfully passed an examination as prescribed by the division and who has
met
the requirements of s. 590.02(1)(e) a Certificate of Forestry Firefighter.
(6) A certified forestry firefighter is entitled to the same rights,
privileges, and benefits provided for by law as a [A> CAREER <A] [D>
certified
<D] firefighter. [A> FOR THE PURPOSES OF THIS STATUTE, FORESTRY COMPLIANCE
CERTIFICATION IS EQUIVALENT TO FIREFIGHTER II. <A]
Section 25. Section 633.351, Florida Statutes, is amended to read:
633.351 Disciplinary action; firefighters; standards for revocation of
certification.--
(1) The certification of a firefighter shall be revoked [A> BY THE
DIVISION
<A] if evidence is found that the certification was improperly issued by the
division or if evidence is found that the certification was issued on the
basis
of false, incorrect, incomplete, or misleading information.
(2) The certification of a firefighter who [A> HAS BEEN ADJUDICATED
GUILTY
OF, OR PLED GUILTY OR NOLO CONTENDERE TO, ANY FELONY, OR ANY MISDEMEANOR
INVOLVING MORAL TURPITUDE, OR MISLEADING OR FALSE STATEMENTS RELATING TO THE
CERTIFICATION OR EMPLOYMENT AS A FIREFIGHTER, SHALL BE REVOKED BY THE
DIVISION.
IN THE CASE OF A FELONY, THE CERTIFICATION MAY NOT BE REINSTATED <A] [D> is
convicted of a felony, or who is convicted of a misdemeanor relating to
misleading or false statements, or who pleads nolo contendere to any charge
of a
felony shall be revoked <D] until the firefighter complies with s.
112.011(2)(b). However, if sentence upon such felony or such misdemeanor
charge
is suspended or adjudication is withheld, the firefighter's [A> REVOCATION
OF
<A] certification shall [A> CONTINUE FOR A PERIOD OF 4 YEARS AFTER
EXPIRATION OF
COMPLETION OF ANY PROBATION BEFORE THE APPLICANT IS ELIGIBLE FOR
RECERTIFICATION
<A] [D> be revoked until she or he completes any probation <D] .
[A> (3) IT IS A VIOLATION OF CERTIFICATION FOR ANY CAREER FIREFIGHTER AS
DEFINED IN THIS CHAPTER, WHOSE INITIAL EMPLOYMENT DATE IS ON OR AFTER JULY
1,
2009, TO USE TOBACCO PRODUCTS. AN INVESTIGATION BY THE LOCAL FIREFIGHTER
EMPLOYER WHICH DETERMINES SUCH USE, CONFIRMED BY LEGAL MEANS SUCH AS
NICOTINE OR
COTININE TESTING, SHALL RESULT IN THE SUSPENSION OF THE FIREFIGHTER'S STATE
CERTIFICATION, REQUIRING SUSPENSION OR TERMINATION OF EMPLOYMENT. THE
DIVISION
SHALL ADOPT RULES SETTING FORTH THE CRITERIA FOR TESTING, INVESTIGATION, AND
NOTIFICATION OF THE DIVISION BY THE LOCAL FIREFIGHTER EMPLOYER OF
VIOLATIONS,
ACTIONS TO BE TAKEN BY THE DIVISION, REINSTATEMENT OF CERTIFICATION WITH
APPROPRIATE MEDICAL APPROVAL AND SURVEILLANCE, AND THE NUMBER OF VIOLATIONS
ALLOWED BEFORE PERMANENT REVOCATION OF FIREFIGHTER CERTIFICATION. <A]
Section 26. Section 633.352, Florida Statutes, is amended to read:
633.352 Retention of firefighter certification.--
[A> (1) <A] Any certified firefighter who has not been active as a
firefighter, or as a volunteer firefighter with an organized fire
department,
for a period of 3 years shall be required to retake [A> AND PASS <A] the [A>
WRITTEN AND <A] practical [A> PORTIONS <A] [D> portion <D] of the [D>
minimum
standards state <D] examination specified in [A> DIVISION RULES <A] [D> rule
4A-37.056(6)(b), Florida Administrative Code, <D] in order to maintain her
or
his certification as a firefighter [A> . <A] [D> ; however, <D]
[A> (2) <A] This requirement does not apply to state-certified [A>
FIREFIGHTERS WHO ARE CERTIFIED AND EMPLOYED AS FULL-TIME FIRE SAFETY
INSPECTORS
BY A FIRE DEPARTMENT EMPLOYING AGENCY OR TO INSTRUCTORS REGARDLESS OF THEIR
EMPLOYMENT STATUS <A] [D> instructors, as determined by the division <D] .
[A> (3) <A] The 3-year period begins on the date the [A> FIREFIGHTER I OR
FIREFIGHTER II <A] certificate of compliance is issued [A> , <A] [D> or <D]
upon
termination of service with an organized fire department [A> , OR UPON
EXPIRATION OF INSTRUCTOR CERTIFICATION <A] .
Section 27. Paragraph (b) of subsection (1) and paragraph (a) of
subsection
(2) of section 633.382, Florida Statutes, are amended to read:
633.382 Firefighters; supplemental compensation.--
(1) DEFINITIONS.--As used in this section, the term:
(b) "Firefighter" means any person who meets the definition [D> of the
term
"firefighter" <D] in [A> S. 633.30(1) AND (10) <A] [D> s. 633.30(1) who is
certified in compliance with s. 633.35 and <D] who is employed solely within
the
fire department of the employing agency or is employed by the division.
(2) QUALIFICATIONS FOR SUPPLEMENTAL COMPENSATION.--
(a) In addition to the compensation now paid by an employing agency to
[A> A
<A] [D> any <D] firefighter [A> II <A] , every [A> CAREER <A] firefighter
shall
be paid supplemental compensation by the employing agency when such
firefighter
has complied with one of the following criteria:
1. Any firefighter [A> II <A] who receives an associate degree from [A>
AN
ACCREDITED <A] [D> a <D] college, which degree is applicable to fire
department
duties, as outlined in policy guidelines of the division, shall be
additionally
compensated as outlined in paragraph (3)(a).
2. Any firefighter [A> II <A] , regardless of whether or not she or he
earned
an associate degree earlier, who receives from an accredited college or
university a bachelor's degree, which bachelor's degree is applicable to
fire
department duties, as outlined in policy guidelines of the division, shall
receive compensation as outlined in paragraph (3)(b).
Section 28. Subsections (3), (10), and (11) of section 633.521, Florida
Statutes, are amended to read:
633.521 Certificate application and issuance; permit issuance;
examination
and investigation of applicant.--
(3) [A> (A) <A] As a prerequisite to taking the examination for
certification
as a Contractor I [D> , Contractor II, or Contractor III <D] , the applicant
must be at least 18 years of age, be of good moral character, and [A> HAVE
AT
LEAST <A] [D> shall possess <D] 4 years' proven experience in the employment
of
a fire protection system Contractor I [D> , Contractor II, or Contractor III
<D]
or a combination of equivalent education and experience [A> IN BOTH
WATER-BASED
AND CHEMICAL FIRE SUPPRESSION SYSTEMS <A] .
[A> (B) AS A PREREQUISITE TO TAKING THE EXAMINATION FOR CERTIFICATION AS
A
CONTRACTOR II, THE APPLICANT MUST BE AT LEAST 18 YEARS OF AGE, BE OF GOOD
MORAL
CHARACTER, AND HAVE AT LEAST 4 YEARS' PROVEN EXPERIENCE IN THE EMPLOYMENT OF
A
FIRE PROTECTION SYSTEM CONTRACTOR I OR CONTRACTOR II OR A COMBINATION OF
EQUIVALENT EDUCATION AND EXPERIENCE IN WATER-BASED FIRE SUPPRESSION SYSTEMS.
<A]
[A> (C) AS A PREREQUISITE TO TAKING THE EXAMINATION FOR CERTIFICATION AS
A
CONTRACTOR III, THE APPLICANT MUST BE AT LEAST 18 YEARS OF AGE, BE OF GOOD
MORAL
CHARACTER, AND HAVE AT LEAST 4 YEARS' PROVEN EXPERIENCE IN THE EMPLOYMENT OF
A
FIRE PROTECTION SYSTEM CONTRACTOR I OR CONTRACTOR III OR A COMBINATION OF
EQUIVALENT EDUCATION AND EXPERIENCE IN CHEMICAL FIRE SUPPRESSION SYSTEMS.
<A]
[A> (D) <A] As a prerequisite to taking the examination for certification
as
a Contractor IV, the applicant [A> MUST <A] [D> shall <D] be at least 18
years
old, be of good moral character, and have at least 2 years' proven
experience in
the employment of a fire protection system Contractor I, Contractor II, [D>
Contractor III, <D] or Contractor IV or combination of equivalent education
and
experience [D> which combination need not include experience in the
employment
of a fire protection system contractor <D] . [A> A CERTIFIED PLUMBER
CONTRACTOR
MEETS EQUIVALENT EDUCATION AND EXPERIENCE REQUIREMENTS UPON SUCCESSFUL
COMPLETION OF A TRAINING PROGRAM ACCEPTABLE TO THE STATE FIRE MARSHAL OF NOT
LESS THAN 40 CONTRACT HOURS ON NFPA 13D, THE APPLICABLE INSTALLATION
STANDARD
USED BY A CONTRACTOR IV. THE STATE FIRE MARSHAL MAY ADOPT RULES TO DEVELOP
ACCEPTABLE STANDARDS AND APPROVAL PROCESSES FOR THIS SUBSECTION. <A]
[A> (E) THE REQUIRED EDUCATION AND EXPERIENCE FOR CERTIFICATION AS A
CONTRACTOR I, CONTRACTOR II, CONTRACTOR III, OR CONTRACTOR IV INCLUDES
TRAINING
AND EXPERIENCE IN BOTH INSTALLATION AND SYSTEM LAYOUT AS DEFINED IN S.
633.021.
<A]
[A> (F) <A] As a prerequisite to taking the examination for certification
as
a Contractor V, the applicant [A> MUST <A] [D> shall <D] be at least 18
years
old, be of good moral character, and have been licensed as a certified
underground utility and excavation contractor or plumbing contractor
pursuant to
chapter 489, have verification by an individual who is licensed as a
certified
utility contractor or plumbing contractor pursuant to chapter 489 that the
applicant has [A> AT LEAST <A] 4 years' proven experience in the employ of a
certified underground utility and excavation contractor or plumbing
contractor,
or have a combination of education and experience equivalent to [A> AT LEAST
<A]
4 years' proven experience in the employ of a certified underground utility
and
excavation contractor or plumbing contractor.
[A> (G) <A] Within 30 days after the date of the examination, the State
Fire
Marshal shall inform the applicant in writing whether she or he has
qualified or
not and, if the applicant has qualified, that she or he is ready to issue a
certificate of competency, subject to compliance with the requirements of
subsection (4).
(10) Effective July 1, 2008, the State Fire Marshal shall require the
National Institute of Certification in Engineering Technologies (NICET),
Sub-field of Inspection and Testing of Fire Protection Systems Level II or
equivalent training and education as determined by the division as proof
that
the permitholders are knowledgeable about nationally accepted standards for
the
inspection of fire protection systems. [D> It is the intent of this act,
from
July 1, 2005, until July 1, 2008, to accept continuing education of all
certificateholders' employees who perform inspection functions which
specifically prepares the permitholder to qualify for NICET II
certification.
<D]
(11) It is intended that a certificateholder, or a permitholder who is
employed by a certificateholder, conduct inspections required by this
chapter.
It is understood that after July 1, 2008, employee turnover may result in a
depletion of personnel who are certified under the NICET Sub-field of
Inspection
and Testing of Fire Protection Systems Level II [A> , OR AN EQUIVALENT
TRAINING
AND EDUCATION AS DETERMINED BY THE DIVISION, <A] which is required for
permitholders. [D> The extensive training and experience necessary to
achieve
NICET Level II certification is recognized. <D] A certificateholder may
therefore obtain a provisional permit with an endorsement for inspection,
testing, and maintenance of water-based fire extinguishing systems for an
employee if the employee has initiated procedures for obtaining Level II
certification from the National Institute for Certification in Engineering
Technologies Sub-field of Inspection and Testing of Fire Protection Systems
and
achieved Level I certification [A> OR AN EQUIVALENT LEVEL AS DETERMINED BY
THE
STATE FIRE MARSHAL THROUGH VERIFICATION OF EXPERIENCE, TRAINING, AND
EXAMINATION
<A] . [A> THE STATE FIRE MARSHAL MAY ESTABLISH RULES TO IMPLEMENT THIS
SUBSECTION. <A] After 2 years of provisional certification, the employee
must
have achieved NICET Level II certification [A> , OR AN EQUIVALENT TRAINING
AND
EDUCATION AS DETERMINED BY THE DIVISION, <A] or cease performing inspections
requiring Level II certification. The provisional permit is valid only for
the 2
calendar years after the date of issuance, may not be extended, and is not
renewable. After the initial 2- year provisional permit expires, the
certificateholder must wait 2 additional years before a new provisional
permit
may be issued. The intent is to prohibit the certificateholder from using
employees who never reach NICET Level II status [A> , OR EQUIVALENT TRAINING
AND
EDUCATION AS DETERMINED BY THE DIVISION, <A] by continuously obtaining
provisional permits.
Section 29. Subsection (3) is added to section 633.524, Florida Statutes,
to
read:
633.524 Certificate and permit fees; use and deposit of collected
funds.--
[A> (3) THE STATE FIRE MARSHAL MAY ENTER INTO A CONTRACT WITH ANY
QUALIFIED
PUBLIC ENTITY OR PRIVATE COMPANY IN ACCORDANCE WITH CHAPTER 287 TO PROVIDE
EXAMINATIONS FOR ANY APPLICANT FOR ANY EXAMINATION ADMINISTERED UNDER THE
JURISDICTION OF THE STATE FIRE MARSHAL UNDER THIS CHAPTER OR ANY OTHER
CHAPTER
UNDER THE JURISDICTION OF THE STATE FIRE MARSHAL. THE STATE FIRE MARSHAL MAY
HAVE PAYMENTS FROM EACH APPLICANT FOR EACH EXAMINATION MADE DIRECTLY TO SUCH
PUBLIC ENTITY OR PRIVATE COMPANY. <A]
Section 30. Subsection (4) of section 633.537, Florida Statutes, is
amended
to read:
633.537 Certificate; expiration; renewal; inactive certificate;
continuing
education.--
(4) The renewal period for the permit class is the same as that for the
employing certificateholder. The continuing education requirements for
permitholders are what is required to maintain NICET Sub-field of Inspection
and
Testing of Fire Protection Systems Level II [A> CERTIFICATION, OR EQUIVALENT
TRAINING AND EDUCATION AS DETERMINED BY THE DIVISION, <A] or higher
certification plus 8 contact hours of continuing education [A> ACCEPTABLE TO
THE
STATE FIRE MARSHAL <A] during each biennial renewal period thereafter. [D>
The
continuing education curriculum from July 1, 2005, until July 1, 2008, shall
be
the preparatory curriculum for NICET II certification; after July 1, 2008,
the
technical curriculum is at the discretion of the State Fire Marshal and may
be
used to meet the maintenance of NICET Level II certification and 8 contact
hours
of continuing education requirements. <D] It is the responsibility of the
permitholder to maintain NICET II certification [A> , OR EQUIVALENT TRAINING
AND
EDUCATION AS DETERMINED BY THE DIVISION, <A] as a condition of permit
renewal
after July 1, 2008.
Section 31. Subsections (1) and (4) of section 633.541, Florida Statutes,
are
amended to read:
633.541 Contracting without certificate prohibited; violations;
penalty.--
(1) It is unlawful for any organization or individual to engage in the
business of [A> , THE <A] layout, fabrication, installation, inspection,
alteration, repair, or service of a fire protection system, other than a
preengineered system, act in the capacity of a fire protection contractor,
or
advertise itself as being a fire protection contractor without having been
duly
certified and holding a valid and existing certificate, except as
hereinafter
provided. The holder of a certificate used to qualify an organization must
be a
full-time employee of the qualified organization or business. A
certificateholder who is employed by more than one fire protection
contractor
during the same period of time is deemed not to be a full-time employee of
either contractor. The State Fire Marshal shall revoke, for a period of time
determined by the State Fire Marshal, the certificate of a certificateholder
who
allows the use of the certificate to qualify a company of which the
certificateholder is not a full-time employee. A contractor who maintains
more
than one place of business must employ a certificateholder at each location.
[D>
Nothing in <D] This subsection [A> DOES NOT PROHIBIT <A] [D> prohibits <D]
an
employee acting on behalf of governmental entities from inspecting and
enforcing
firesafety codes, provided such employee is certified under s. 633.081 [A> ,
OR
AN OWNER OF A ONE- OR TWO-FAMILY DWELLING FROM INSPECTING OR MAINTAINING THE
FIRE PROTECTION SYSTEM FOR HIS OR HER OWN HOUSE <A] .
(4) In addition to the penalties provided in subsection (3), a fire
protection contractor certified under this chapter who violates any
provision of
this [A> CHAPTER <A] [D> section <D] or who commits any act constituting
cause
for disciplinary action is subject to suspension or revocation of the
certificate and administrative fines pursuant to s. 633.547.
Section 32. Subsection (4) of section 633.72, Florida Statutes, is
amended to
read:
633.72 Florida Fire Code Advisory Council.--
(4) Each appointee shall serve a 4-year term. No member shall serve more
than
[A> TWO CONSECUTIVE TERMS <A] [D> one term <D] . No member of the council
shall
be paid a salary as such member, but each shall receive travel and expense
reimbursement as provided in s. 112.061.
Section 33. Section 633.811, Florida Statutes, is amended to read:
633.811 Firefighter employer penalties.--If any firefighter employer
violates or fails or refuses to comply with ss. 633.801-633.821, or with any
rule adopted by the division under such sections in accordance with chapter
120 for the prevention of injuries, accidents, or occupational diseases or
with any lawful order of the division in connection with ss.
633.801-633.821,
or fails or refuses to furnish or adopt any safety device, safeguard, or
other
means of protection prescribed by division rule under ss. 633.801-633.821
for
the prevention of accidents or occupational diseases, the division may [A>
ISSUE AN ADMINISTRATIVE CEASE AND DESIST ORDER, ENFORCEABLE IN THE CIRCUIT
COURT IN THE JURISDICTION WHERE THE VIOLATION IS OCCURRING OR HAS OCCURRED,
AND ASSESS AN ADMINISTRATIVE FINE AGAINST A FIREFIGHTER EMPLOYER OF NOT LESS
THAN $ 100 NOR MORE THAN $ 1,000 FOR EACH VIOLATION AND EACH DAY OF EACH
VIOLATION. THE ADMINISTRATIVE PENALTY ASSESSMENT SHALL BE SUBJECT TO THE
PROVISIONS OF CHAPTER 120. THE DIVISION MAY ALSO <A] assess against the
firefighter employer a civil penalty of not less than $ 100 nor more than
$ 5,000 for each day the violation, omission, failure, or refusal continues
after the firefighter employer has been given written notice of such
violation, omission, failure, or refusal. The total penalty for each
violation
shall not exceed $ 50,000. The division shall adopt rules requiring
penalties
commensurate with the frequency or severity of safety violations. A hearing
shall be held in the county in which the violation, omission, failure, or
refusal is alleged to have occurred, unless otherwise agreed to by the
firefighter employer and authorized by the division. All penalties assessed
and collected under this section shall be deposited in the Insurance
Regulatory Trust Fund.
Section 34. Subsection (3) of section 633.821, Florida Statutes, is
amended
to read:
633.821 Workplace safety.--
(3) With respect to 29 C.F.R. s. 1910.134(g)(4), the two individuals
located
outside the immediately dangerous to life and health atmosphere may be
assigned
to an additional role, such as incident commander, pumper operator,
engineer, or
driver, so long as such individual is able to immediately perform assistance
or
rescue activities without jeopardizing the safety or health of any
firefighter
working at an incident. [D> Also with respect to 29 C.F.R. s.
1910.134(g)(4):
<D]
[D> (a) Each county, municipality, and special district shall implement
such
provision by April 1, 2002, except as provided in paragraphs (b) and (c).
<D]
[D> (b) If any county, municipality, or special district is unable to
implement such provision by April 1, 2002, without adding additional
personnel
to its firefighting staff or expending significant additional funds, such
county, municipality, or special district shall have an additional 6 months
within which to implement such provision. Such county, municipality, or
special
district shall notify the division that the 6-month extension to implement
such
provision is in effect in such county, municipality, or special district
within
30 days after its decision to extend the time for the additional 6 months.
The
decision to extend the time for implementation shall be made prior to April
1,
2002. <D]
[D> (c) If, after the extension granted in paragraph (b), the county,
municipality, or special district, after having worked with and cooperated
fully
with the division and the Firefighters Employment, Standards, and Training
Council, is still unable to implement such provisions without adding
additional
personnel to its firefighting staff or expending significant additional
funds,
such municipality, county, or special district shall be exempt from the
requirements of 29 C.F.R. s. 1910.134(g)(4). However, each year thereafter
the
division shall review each such county, municipality, or special district to
determine if such county, municipality, or special district has the ability
to
implement such provision without adding additional personnel to its
firefighting
staff or expending significant additional funds. If the division determines
that
any county, municipality, or special district has the ability to implement
such
provision without adding additional personnel to its firefighting staff or
expending significant additional funds, the division shall require such
county,
municipality, or special district to implement such provision. Such
requirement
by the division under this paragraph constitutes final agency action subject
to
chapter 120. <D]
Section 35. This act shall take effect July 1, 2009.
SPONSOR: Taylor D
SUBJECT: INSPECTIONS (96%); LAW ENFORCEMENT (94%); SECURITY & ALARM SYSTEMS
(93%); IMMUNITY (93%); INVESTIGATIONS (92%); PUBLIC FINANCE (91%); TAXES &
TAXATION (90%); REGIONAL & LOCAL
GOVERNMENTS (82%); SUBPOENAS (81%); LEGISLATORS
(81%); REAL ESTATE (78%); RESORTS (74%); BUILDING & HOUSING CODES (63%);
BUILDING & HOUSING INSPECTIONS (63%); US STATE GOVERNMENT (63%); HOME
SECURITY
(63%); CONSTRUCTION (63%); FIREFIGHTERS &
FIREFIGHTING (62%); WITNESSES (62%);
RESIDENTIAL CO-OWNERSHIP (62%); EVIDENCE (50%);
LOAD-DATE: February 4, 2009