Florida Senate - 2008 COMMITTEE AMENDMENT

Bill No. CS for SB 2388

765886

CHAMBER ACTION

Senate

Comm: RCS

4/17/2008

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House



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The Committee on Community Affairs (Geller) recommended the

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following amendment:

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     Senate Amendment (with title amendment)

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     Delete everything after the enacting clause

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and insert:

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     Section 1.  Paragraph (e) of subsection (1) of section

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218.23, Florida Statutes, is amended to read:

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     218.23  Revenue sharing with units of local government.--

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     (1)  To be eligible to participate in revenue sharing beyond

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the minimum entitlement in any fiscal year, a unit of local

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government is required to have:

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     (e)  Certified that persons in its employ as firefighters,

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as defined in s. 633.30 s. 633.30(1), meet the qualification for

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employment as established by the Division of State Fire Marshal

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pursuant to the provisions of ss. 633.34 and 633.35 and that the

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provisions of s. 633.382 have been met.

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Additionally, to receive its share of revenue sharing funds, a

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unit of local government shall certify to the Department of

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Revenue that the requirements of s. 200.065, if applicable, were

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met. The certification shall be made annually within 30 days of

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adoption of an ordinance or resolution establishing a final

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property tax levy or, if no property tax is levied, not later

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than November 1. The portion of revenue sharing funds which,

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pursuant to this part, would otherwise be distributed to a unit

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of local government which has not certified compliance or has

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otherwise failed to meet the requirements of s. 200.065 shall be

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deposited in the General Revenue Fund for the 12 months following

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a determination of noncompliance by the department.

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     Section 2.  Paragraph (b) of subsection (4) of section

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447.203, Florida Statutes, is amended to read:

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     447.203  Definitions.--As used in this part:

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     (4)  "Managerial employees" are those employees who:

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     (b)  Serve as police chiefs, fire chiefs, or directors of

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public safety of any police, fire, or public safety department.

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Other police officers, as defined in s. 943.10(1), and

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firefighters, as defined in s. 633.30 s. 633.30(1), may be

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determined by the commission to be managerial employees of such

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departments. In making such determinations, the commission shall

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consider, in addition to the criteria established in paragraph

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(a), the paramilitary organizational structure of the department

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involved.

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However, in determining whether an individual is a managerial

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employee pursuant to either paragraph (a) or paragraph (b),

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above, the commission may consider historic relationships of the

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employee to the public employer and to coemployees.

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     Section 3.  Subsection (1) of section 553.895, Florida

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Statutes, is amended to read:

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     553.895  Firesafety.--

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     (1)  Any transient public lodging establishment, as defined

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in chapter 509 and used primarily for transient occupancy as

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defined in s. 83.43(10), or any timeshare unit of a timeshare

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plan as defined in chapters 718 and 721, which is of three

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stories or more and for which the construction contract has been

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let after September 30, 1983, with interior corridors which do

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not have direct access from the guest area to exterior means of

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egress and on buildings over 75 feet in height that have direct

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access from the guest area to exterior means of egress and for

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which the construction contract has been let after September 30,

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1983, shall be equipped with an automatic sprinkler system

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installed in compliance with the current edition of the

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applicable fire sprinkler standards adopted by the State Fire

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Marshal. the provisions prescribed in the National Fire

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Protection Association publication NFPA No. 13 (1985), "Standards

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for the Installation of Sprinkler Systems." Each guest room and

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each timeshare unit shall be equipped with an approved listed

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single-station smoke detector meeting the minimum requirements of

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NFPA 72, the current edition adopted by the State Fire Marshal,

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74 (1984) "Standards for the Installation, Maintenance and Use of

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Household Fire Warning Equipment," powered from the building

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electrical service, notwithstanding the number of stories in the

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structure, if the contract for construction is let after

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September 30, 1983. Single-station smoke detectors shall not be

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required when guest rooms or timeshare units contain smoke

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detectors connected to a central alarm system which also alarms

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locally.

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     Section 4.  Section 633.02, Florida Statutes, is amended to

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read:

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     633.02  Agents; powers and duties; compensation.--The State

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Fire Marshal shall appoint such agents as may be necessary to

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carry out effectively the provisions of this chapter, who shall

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be reimbursed for travel expenses as provided in s. 112.061, in

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addition to their salary, when traveling or making investigations

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in the performance of their duties. Such agents shall be at all

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times under the direction and control of the State Fire Marshal,

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who shall fix their compensation, and all orders shall be issued

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in the State Fire Marshal's name and by her or his authority.

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     Section 5.  Paragraph (b) of subsection (1) and paragraph

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(a) of subsection (4) of section 633.022, Florida Statutes, are

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amended to read:

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     633.022  Uniform firesafety standards.--The Legislature

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hereby determines that to protect the public health, safety, and

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welfare it is necessary to provide for firesafety standards

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governing the construction and utilization of certain buildings

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and structures. The Legislature further determines that certain

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buildings or structures, due to their specialized use or to the

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special characteristics of the person utilizing or occupying

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these buildings or structures, should be subject to firesafety

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standards reflecting these special needs as may be appropriate.

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     (1)  The department shall establish uniform firesafety

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standards that apply to:

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     (b)  All new, existing, and proposed hospitals, nursing

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homes, assisted living facilities, adult family-care homes,

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correctional facilities, public schools, transient public lodging

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establishments, public food service establishments, elevators,

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migrant labor camps, mobile home parks, lodging parks,

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recreational vehicle parks, recreational camps, residential and

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nonresidential child care facilities, facilities for the

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developmentally disabled, motion picture and television special

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effects productions, tunnels, and self-service gasoline stations,

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of which standards the State Fire Marshal is the final

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administrative interpreting authority.

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If In the event there is a dispute between the owners of the

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buildings specified in paragraph (b) and a local authority

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requiring a more stringent uniform firesafety standard for

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sprinkler systems, the State Fire Marshal shall be the final

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administrative interpreting authority and the State Fire

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Marshal's interpretation regarding the uniform firesafety

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standards shall be considered final agency action.

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     (4)(a)  Notwithstanding any provision of law to the

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contrary, each nursing home licensed under part II of chapter 400

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shall be protected throughout by an approved, supervised

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automatic sprinkler system in accordance with s. 9 of National

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Fire Protection Association, Inc., Life Safety Code, in

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accordance with the following schedule:

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     1. Each hazardous area of each nursing home shall be

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protected by an approved, supervised automatic sprinkler system

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by no later than December 31, 2008.

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     2. Each entire nursing home shall be protected by an

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approved, supervised automatic sprinkler system by no later than

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December 31, 2010.

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     Section 6.  Subsection (9) of section 633.0245, Florida

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Statutes, is amended to read:

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     633.0245  State Fire Marshal Nursing Home Fire Protection

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Loan Guarantee Program.--

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     (9) An No application for participation in the State Fire

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Marshal Nursing Home Fire Protection Loan Guarantee Program may

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not be accepted by the State Fire Marshal after July 1, 2009 June

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30, 2006.

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     Section 7.  Subsection (11) is added to section 633.025,

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Florida Statutes, to read:

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     633.025  Minimum firesafety standards.--

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     (11)(a) The plans for, and inspections of, manufactured

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buildings may be completed at the point of manufacture as long as

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the following requirements are met:

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     1. The person reviewing the plans and inspecting the

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manufactured or prototype building must be currently certified as

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a firesafety inspector under s. 633.081(2); and

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     2. The manufacturer's modular data plate, stating that the

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building is in compliance with chapter 633 and the rules of the

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department, has been affixed to the building.

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     (b) The local fire official shall recognize and approve

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such manufactured building, subject to local fire code

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amendments, acceptable performance testing of life safety

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systems, and site conditions. The cost of any additional work

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necessary to meet these requirements, if any, shall be born by

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the manufacturer. The department may adopt rules to administer

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this subsection.

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     Section 8.  Section 633.03, Florida Statutes, is amended to

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read:

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     633.03 Investigation of fires and explosions fire;

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reports.--The State Fire Marshal shall investigate the cause,

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origin, and circumstances of every fire or explosion occurring in

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this state wherein the State Fire Marshal deems an investigation

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is necessary and property has been damaged or destroyed where

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there is probable cause to believe that the fire or explosion was

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the result of carelessness or design. Report of all such

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investigations shall be made on approved forms to be furnished by

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the State Fire Marshal.

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     Section 9.  Subsections (1) and (2), and paragraph (a) of

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subsection (3) of section 633.061, Florida Statutes, are amended

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to read:

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     633.061  Fire suppression equipment; license to install or

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maintain.--

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     (1)  It is unlawful for any organization or individual to

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engage in the business of servicing, repairing, recharging,

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testing, marking, inspecting, installing, or hydrotesting any

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fire extinguisher or preengineered system in this state except in

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conformity with the provisions of this chapter. Each organization

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or individual that engages in such activity must possess a valid

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and subsisting license issued by the State Fire Marshal. All fire

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extinguishers and preengineered systems required by statute or by

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rule must be serviced by an organization or individual licensed

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under the provisions of this chapter. A licensee who receives

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appropriate training shall not be prohibited by a manufacturer

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from servicing any particular brand of fire extinguisher or

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preengineered system. The licensee is legally qualified to act

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for the business organization in all matters connected with its

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business, and the licensee must supervise all activities

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undertaken by such business organization. Each licensee shall

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maintain a specific business location. A further requirement, in

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the case of multiple locations where such servicing or recharging

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is taking place, is that each licensee who maintains more than

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one place of business where actual work is carried on must

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possess an additional license, as set forth in this section, for

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each location, except that a licensed individual may not qualify

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for more than five locations. A licensee is limited to a specific

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type of work performed depending upon the class of license held.

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Licenses and license fees are required for the following:

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     (a)  Class A....$250

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To service, recharge, repair, install, or inspect all types of

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fire extinguishers and to conduct hydrostatic tests on all types

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of fire extinguishers.

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     (b)  Class B....$150

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To service, recharge, repair, install, or inspect all types of

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fire extinguishers, including recharging carbon dioxide units and

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conducting hydrostatic tests on all types of fire extinguishers,

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except carbon dioxide units.

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     (c)  Class C....$150

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To service, recharge, repair, install, or inspect all types of

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fire extinguishers, except recharging carbon dioxide units, and

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to conduct hydrostatic tests on all types of fire extinguishers,

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except carbon dioxide units.

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     (d)  Class D....$200

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To service, repair, recharge, hydrotest, install, or inspect all

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types of preengineered fire extinguishing systems.

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     (e)  Licenses issued as duplicates or to reflect a change of

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address....$10

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Any fire equipment dealer licensed pursuant to this subsection

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who does not want to engage in the business of servicing,

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inspecting, recharging, repairing, hydrotesting, or installing

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clean agent halon equipment must file an affidavit on a form

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provided by the division so stating. Licenses will be issued by

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the division to reflect the work authorized thereunder. It is

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unlawful, unlicensed activity for any person or firm to falsely

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hold himself or herself or a business organization out to perform

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any service, inspection, recharge, repair, hydrotest, or

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installation except as specifically described in the license.

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     (2)  Each individual actually performing the work of

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servicing, recharging, repairing, hydrotesting, installing,

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testing, or inspecting fire extinguishers or preengineered

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systems must possess a valid and subsisting permit issued by the

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State Fire Marshal. Permittees are limited as to specific type of

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work performed to allow work no more extensive than the class of

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license held by the licensee under whom the permittee is working.

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Permits will be issued by the division and the fees required are

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as follows:

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     (a)  Portable permit....$90

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"Portable permittee" means a person who is limited to performing

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work no more extensive than the employing licensee in the

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servicing, recharging, repairing, installing, or inspecting all

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types of portable fire extinguishers.

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     (b)  Preengineered permit....$120

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"Preengineered permittee" means a person who is limited to the

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servicing, recharging, repairing, installing, or inspecting of

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all types of preengineered fire extinguishing systems.

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     (c)  Permits issued as duplicates or to reflect a change of

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address....$10

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Any fire equipment permittee licensed pursuant to this subsection

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who does not want to engage in servicing, inspecting, recharging,

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repairing, hydrotesting, or installing clean agent halon

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equipment must file an affidavit on a form provided by the

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division so stating. Permits will be issued by the division to

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reflect the work authorized thereunder. It is unlawful,

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unlicensed activity for any person or firm to falsely hold

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himself or herself out to perform any service, inspection,

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recharge, repair, hydrotest, or installation except as

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specifically described in the permit.

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     (3)(a)  Such licenses and permits shall be issued by the

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State Fire Marshal for 2 years beginning January 1, 2000, and

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each 2-year period thereafter and expiring December 31 of the

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second year. All licenses or permits issued will expire on

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December 31 of each odd-numbered year. The failure to renew a

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license or permit by December 31 of the second year will cause

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the license or permit to become inoperative. The holder of an

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inoperative license or permit shall not engage in any activities

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for which a license or permit is required by this section. A

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license or permit which is inoperative because of the failure to

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renew it shall be restored upon payment of the applicable fee

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plus a penalty equal to the applicable fee, if the application

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for renewal is filed no later than the following March 31. If the

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application for restoration is not made before the March 31st

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deadline, the fee for restoration shall be equal to the original

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application fee and the penalty provided for herein, and, in

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addition, the State Fire Marshal shall require reexamination of

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the applicant. The fee for a license or permit issued for 1 year

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or less shall be prorated at 50 percent of the applicable fee for

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a biennial license or permit. Following the initial licensure,

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each licensee or permittee shall successfully complete a course

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or courses of continuing education for fire equipment technicians

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of at least 16 32 hours. A license or permit may not be renewed

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unless the licensee or permittee produces documentation of the

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completion of at least 16 hours of continuing education for fire

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equipment technicians during the biennial licensure period within

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4 years of initial issuance of a license or permit and within

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each 4-year period thereafter or no such license or permit shall

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be renewed. A person who is both a licensee and a permittee shall

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be required to complete a total of 16 32 hours of continuing

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education during each renewal per 4-year period. Each licensee

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shall ensure that all permittees in his or her employment meet

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their continuing education requirements. The State Fire Marshal

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shall adopt rules describing the continuing education

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requirements and shall have the authority upon reasonable belief,

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to audit a fire equipment dealer to determine compliance with

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continuing education requirements.

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     Section 10.  Section 633.081, Florida Statutes, is amended

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to read:

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     633.081  Inspection of buildings and equipment; orders;

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firesafety inspection training requirements; certification;

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disciplinary action.--The State Fire Marshal and her or his

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agents may shall, at any reasonable hour, when the department has

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reasonable cause to believe that a violation of this chapter or

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s. 509.215, or a rule promulgated thereunder, or a minimum

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firesafety code adopted by the State Fire Marshal or a local

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authority, may exist, inspect any and all buildings and

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structures which are subject to the requirements of this chapter

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or s. 509.215 and rules promulgated thereunder. The authority to

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inspect shall extend to all equipment, vehicles, and chemicals

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which are located on or within the premises of any such building

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or structure.

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     (1)  Each county, municipality, and special district that

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has firesafety enforcement responsibilities shall employ or

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contract with a firesafety inspector. The firesafety inspector

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must conduct all firesafety inspections that are required by law.

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The governing body of a county, municipality, or special district

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that has firesafety enforcement responsibilities may provide a

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schedule of fees to pay only the costs of inspections conducted

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pursuant to this subsection and related administrative expenses.

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Two or more counties, municipalities, or special districts that

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have firesafety enforcement responsibilities may jointly employ

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or contract with a firesafety inspector.

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     (2)  Every firesafety inspection conducted pursuant to state

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or local firesafety requirements shall be by a person certified

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as having met the inspection training requirements set by the

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State Fire Marshal. Such person shall:

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     (a)  Be a high school graduate or the equivalent as

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determined by the department;

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     (b)  Not have been found guilty of, or having pleaded guilty

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or nolo contendere to, a felony or a crime punishable by

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imprisonment of 1 year or more under the law of the United

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States, or of any state thereof, which involves moral turpitude,

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without regard to whether a judgment of conviction has been

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entered by the court having jurisdiction of such cases;

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     (c)  Have her or his fingerprints on file with the

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department or with an agency designated by the department;

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     (d)  Have good moral character as determined by the

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department;

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     (e)  Be at least 18 years of age;

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     (f)  Have satisfactorily completed the firesafety inspector

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certification examination as prescribed by the department; and

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     (g)1.  Have satisfactorily completed, as determined by the

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department, a firesafety inspector training program of not less

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than 200 hours established by the department and administered by

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agencies and institutions approved by the department for the

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purpose of providing basic certification training for firesafety

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inspectors; or

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     2.  Have received in another state training which is

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determined by the department to be at least equivalent to that

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required by the department for approved firesafety inspector

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education and training programs in this state.

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     (3)(a)1. Effective July 1, 2011, the classification of

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special state firesafety inspector is abolished and all special

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state firesafety inspector certifications expire at midnight June

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30, 2011.

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     2. Any person who is a special state firesafety inspector

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on June 30, 2011, and who has failed to comply with paragraph (b)

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or paragraph (c) is not permitted to perform any firesafety

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inspection required by law.

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     3. A special state firesafety inspector certification may

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not be awarded after June 30, 2008.

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     (b)1. Any person who is a special state firesafety

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inspector on July 1, 2008, and who has at least 5 years of

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experience as a special state firesafety inspector as of July 1,

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2008, may take the same firesafety inspection examination as

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provided in paragraph (2)(f) for firesafety inspectors before

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July 1, 2011, to be certified as a firesafety inspector described

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in subsection (2).

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     2. Upon passing the examination, the person shall be

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certified as a firesafety inspector as provided in subsection

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(2).

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     3. Failure to obtain certification requires compliance with

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paragraph (c) to be certified as a firesafety inspector as

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provided in subsection (2).

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     (c)1. To be certified as a firesafety inspector as provided

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in subsection (2), any person who:

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     a. Is a special state firesafety inspector on July 1, 2008,

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and who does not have 5 years of experience as a special state

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firesafety inspector as of July 1, 2008; or

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     b. Has 5 years of experience as a special state firesafety

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inspector but has failed the examination taken pursuant to

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paragraph (b), must take an additional 80 hours of the courses

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described in paragraph (2)(g).

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     2. After successfully completing the courses described in

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this paragraph, such person is permitted to take the firesafety

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inspection examination described in paragraph (2)(f), if such

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examination is taken before July 1, 2011.

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     3. Upon passing the examination, the person is certified as

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a firesafety inspector as provided in subsection (2).

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     4. A person who fails the course of study or the

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examination described in this paragraph may not perform any

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firesafety inspection required by law on or after July 1, 2011

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Each special state firesafety inspection which is required by law

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and is conducted by or on behalf of an agency of the state must

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be performed by an individual who has met the provision of

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subsection (2), except that the duration of the training program

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shall not exceed 120 hours of specific training for the type of

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property that such special state firesafety inspectors are

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assigned to inspect.

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     (4)  A firefighter certified pursuant to s. 633.35 may

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conduct firesafety inspections, under the supervision of a

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certified firesafety inspector, while on duty as a member of a

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fire department company conducting inservice firesafety

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inspections without being certified as a firesafety inspector, if

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such firefighter has satisfactorily completed an inservice fire

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department company inspector training program of at least 24

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hours' duration as provided by rule of the department.

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     (5) Every firesafety inspector or special state firesafety

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inspector certificate is valid for a period of 3 years from the

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date of issuance. Renewal of certification shall be subject to

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the affected person's completing proper application for renewal

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and meeting all of the requirements for renewal as established

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under this chapter or by rule adopted promulgated thereunder,

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which shall include completion of at least 40 hours during the

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preceding 3-year period of continuing education as required by

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the rule of the department or, in lieu thereof, successful

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passage of an examination as established by the department.

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     (6)  The State Fire Marshal may deny, refuse to renew,

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suspend, or revoke the certificate of a firesafety inspector or

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special state firesafety inspector if it finds that any of the

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following grounds exist:

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     (a)  Any cause for which issuance of a certificate could

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have been refused had it then existed and been known to the State

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Fire Marshal.

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     (b)  Violation of this chapter or any rule or order of the

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State Fire Marshal.

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     (c)  Falsification of records relating to the certificate.

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     (d)  Having been found guilty of or having pleaded guilty or

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nolo contendere to a felony, whether or not a judgment of

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conviction has been entered.

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     (e)  Failure to meet any of the renewal requirements.

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     (f)  Having been convicted of a crime in any jurisdiction

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which directly relates to the practice of fire code inspection,

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plan review, or administration.

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     (g)  Making or filing a report or record that the

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certificateholder knows to be false, or knowingly inducing

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another to file a false report or record, or knowingly failing to

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file a report or record required by state or local law, or

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knowingly impeding or obstructing such filing, or knowingly

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inducing another person to impede or obstruct such filing.

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     (h)  Failing to properly enforce applicable fire codes or

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permit requirements within this state which the certificateholder

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knows are applicable by committing willful misconduct, gross

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negligence, gross misconduct, repeated negligence, or negligence

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resulting in a significant danger to life or property.

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     (i)  Accepting labor, services, or materials at no charge or

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at a noncompetitive rate from any person who performs work that

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is under the enforcement authority of the certificateholder and

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who is not an immediate family member of the certificateholder.

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For the purpose of this paragraph, the term "immediate family

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member" means a spouse, child, parent, sibling, grandparent,

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aunt, uncle, or first cousin of the person or the person's spouse

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or any person who resides in the primary residence of the

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certificateholder.

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     (7)  The department shall provide by rule for the

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certification of firesafety inspectors.

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     (8) The State Fire Marshal may develop by rule an advanced

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training and certification program for firesafety inspectors with

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fire code management responsibility. This program shall be

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consistent with national standards. The program shall establish

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minimum training, education, and experience levels for fire

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safety inspectors with fire code management responsibilities.

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     (9) The Division of State Fire Marshal may enter into a

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reciprocity agreement with the Florida Building Code

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Administrators and Inspectors Board, established pursuant to s.

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468.605, to facilitate joint recognition of continuing education

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recertification hours for certificateholders licensed in

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accordance with s. 468.609 and firesafety inspectors certified in

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accordance with subsection (2).

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     Section 11.  Paragraph (a) of subsection (1), and

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subsections (2), (3), and (4) of section 633.085, Florida

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Statutes, are amended to read:

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     633.085  Inspections of state buildings and premises; tests

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of firesafety equipment; building plans to be approved.--

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     (1)(a)  It is the duty of the State Fire Marshal and her or

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his agents to inspect, or cause to be inspected, each state-owned

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building and each building located on land owned by the state and

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used primarily for state purposes as determined by the State Fire

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Marshal, such buildings to be referred to in this section as a

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state-owned building or state-owned buildings, on a recurring

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basis established by rule, and to ensure that high-hazard

486

occupancies are inspected at least annually, for the purpose of

487

ascertaining and causing to be corrected any conditions liable to

488

cause fire or endanger life from fire and any violation of the

489

firesafety standards for state-owned buildings, the provisions of

490

this chapter, or the rules or regulations adopted and promulgated

491

pursuant hereto. The State Fire Marshal shall, within 7 days

492

following an inspection, submit a report of such inspection to

493

the head of the department of state government responsible for

494

the building.

495

     (2) The State Fire Marshal and her or his agents may shall

496

conduct performance tests on any electronic fire warning and

497

smoke detection system, and any pressurized air-handling unit, in

498

any state-owned building or state-leased space on a recurring

499

basis as provided in subsection (1). The State Fire Marshal and

500

her or his agents shall also ensure that fire drills are

501

conducted in all high-hazard state-owned buildings or high-hazard

502

state-leased high-hazard occupancies at least annually.

503

     (3)  All construction of any new, or renovation, alteration,

504

or change of occupancy of any existing, state-owned building or

505

state-leased space shall comply with the uniform firesafety

506

standards of the State Fire Marshal.

507

     (a)  For all new construction or renovation, alteration, or

508

change of occupancy of state-leased space, compliance with the

509

uniform firesafety standards shall be determined by reviewing the

510

plans for the proposed construction or occupancy submitted by the

511

lessor to the Division of State Fire Marshal for review and

512

approval prior to commencement of construction or occupancy,

513

which review shall be completed within 10 working days after

514

receipt of the plans by the Division of State Fire Marshal.

515

     (b)  The plans for all construction of any new, or

516

renovation or alteration of any existing, state-owned building

517

are subject to the review and approval of the Division of State

518

Fire Marshal for compliance with the uniform firesafety standards

519

prior to commencement of construction or change of occupancy,

520

which review shall be completed within 30 calendar days of

521

receipt of the plans by the Division of State Fire Marshal.

522

     (4)  The Division of State Fire Marshal may inspect state-

523

owned buildings and space and state-leased space as necessary

524

prior to occupancy or during construction, renovation, or

525

alteration to ascertain compliance with the uniform firesafety

526

standards. Whenever the Division of State Fire Marshal determines

527

by virtue of such inspection or by review of plans that

528

construction, renovation, or alteration of state-owned buildings

529

and state-leased space is not in compliance with the uniform

530

firesafety standards, the Division of State Fire Marshal shall

531

issue an order to cease construction, renovation, or alteration,

532

or to preclude occupancy, of a building until compliance is

533

obtained, except for those activities required to achieve such

534

compliance.

535

     Section 12.  Section 633.101, Florida Statutes, is amended

536

to read:

537

     633.101  Hearings; investigations; investigatory powers of

538

State Fire Marshal; costs of service and witness fees.--

539

     (1)  The State Fire Marshal may in his or her discretion

540

take or cause to be taken the testimony on oath of all persons

541

whom he or she believes to be cognizant of any facts in relation

542

to matters under investigation. The State Fire Marshal may

543

administer oaths and affirmations, compel the attendance of

544

witnesses or proffering of matter, and collect evidence.

545

     (2) If the State Fire Marshal seeks to obtain by request

546

any matter that, or the testimony of any person who, is located

547

outside the state, the person requested shall provide the

548

testimony to the State Fire Marshal or make the matter available

549

to the State Fire Marshal to examine at the place where the

550

matter is located. The State Fire Marshal may designate

551

representatives, including officials of the state in which the

552

matter is located, to inspect the matter on behalf of the State

553

Fire Marshal, and the State Fire Marshal may respond to similar

554

requests from officials of other states. If the State Fire

555

Marshal shall be of the opinion that there is sufficient evidence

556

to charge any person with an offense, he or she shall cause the

557

arrest of such person and shall furnish to the prosecuting

558

officer of any court having jurisdiction of said offense all

559

information obtained by him or her, including a copy of all

560

pertinent and material testimony taken, together with the names

561

and addresses of all witnesses. In the conduct of such

562

investigations, the fire marshal may request such assistance as

563

may reasonably be given by such prosecuting officers and other

564

local officials.

565

     (3)(a) The State Fire Marshal may request that an

566

individual who refuses to comply with any request made under

567

subsection (2) be ordered by the circuit court to provide the

568

testimony or matter. The court may not order such compliance

569

unless the State Fire Marshal has demonstrated to the

570

satisfaction of the court that the testimony of the witness or

571

the matter under request has a direct bearing on matter under the

572

jurisdiction of the State Fire Marshal, constitutes a felony or

573

misdemeanor under this chapter, the Florida Insurance Code, or a

574

fraudulent insurance act or act of arson, or is pertinent and

575

necessary to further such investigation.

576

     (b) Except in a prosecution for perjury, an individual who

577

complies with a court order to provide testimony or matter after

578

asserting a privilege against self-incrimination to which the

579

individual is entitled by law may not be subjected to a criminal

580

proceeding or to a civil penalty with respect to the act

581

concerning that which the individual is required to testify or

582

produce relevant matter.

583

     (c) In the absence of fraud or bad faith, a person is not

584

subject to civil liability for libel, slander, or any other

585

relevant tort by virtue of filing reports, without malice, or

586

furnishing other information, without malice, required by this

587

chapter or required by the State Fire Marshal under the authority

588

granted in this chapter, and no civil cause of action of any

589

nature shall arise against such person for:

590

     1. Any information relating to a matter under the

591

jurisdiction of the State Fire Marshal, suspected violations of

592

the Florida Insurance Code, or fraudulent insurance acts or

593

persons suspected of engaging in such acts furnished to or

594

received from law enforcement officials or their agents or

595

employees;

596

     2. Any information relating to any matter under the

597

jurisdiction of the State Fire Marshal, suspected violations of

598

the Florida Insurance Code, fraudulent insurance acts or acts of

599

arson, or persons suspected of engaging in such acts furnished to

600

or received from other persons subject to the provisions of this

601

chapter;

602

     3. Any information furnished in reports to the State Fire

603

Marshal or any local, state, or federal enforcement officials or

604

their agents or employees; or

605

     4. Other actions taken in cooperation with any of the

606

agencies or individuals specified in this paragraph in the lawful

607

investigation of violations under the jurisdiction of the State

608

Fire Marshal, suspected violations of the Florida Insurance Code,

609

or suspected fraudulent insurance acts.

610

     (d) In addition to the immunity granted in paragraph (c), a

611

person identified as a designated employee whose responsibilities

612

include the investigation and disposition of violations under the

613

jurisdiction of the State Fire Marshal or the Florida Insurance

614

Code and claims relating to suspected fraudulent insurance acts

615

may share information relating to persons suspected of such acts

616

with other designated employees employed by the same or other

617

insurers whose responsibilities include such acts. Unless the

618

employees of the insurer act in bad faith or in reckless

619

disregard for the rights of any insured, the insurer or its

620

designated employees are not civilly liable for libel, slander,

621

or any other relevant tort, and a civil action does not arise

622

against the insurer or its designated employees for:

623

     1. Any information related to any matter under the

624

jurisdiction of the State Fire Marshal, the Florida Insurance

625

Code, or suspected fraudulent insurance acts provided to an

626

insurer; or

627

     2. Any information relating to any matter under the

628

jurisdiction of the State Fire Marshal, the Florida Insurance

629

Code, or suspected fraudulent insurance acts provided to the

630

National Insurance Crime Bureau or the National Association of

631

Insurance Commissioners.

632

633

However, the qualified immunity against civil liability conferred

634

on any insurer or its designated employees shall be forfeited

635

with respect to the exchange or publication of any defamatory

636

information with third persons not expressly authorized by this

637

paragraph to share in such information.

638

     (e) This section does not abrogate or modify in any way any

639

common-law or statutory privilege or immunity otherwise enjoyed

640

by any person.

641

     (3) The fire marshal may summon and compel the attendance

642

of witnesses before him or her to testify in relation to any

643

manner which is, by the provisions of this chapter, a subject of

644

inquiry and investigation, and he or she may require the

645

production of any book, paper or document deemed pertinent

646

thereto by him or her, and may seize furniture and other personal

647

property to be held for evidence.

648

     (4) Papers, documents, reports, or evidence relative to the

649

subject of an investigation under this section are not subject to

650

discovery until the investigation is completed or ceases to be

651

active. Agents of the State Fire Marshal are not subject to

652

subpoena in civil actions by any court of this state to testify

653

concerning any matter of which they have knowledge pursuant to a

654

pending investigation by the State Fire Marshal. All persons so

655

summoned and so testifying shall be entitled to the same witness

656

fees and mileage as provided for witnesses testifying in the

657

circuit courts of this state, and officers serving subpoenas or

658

orders of the fire marshal shall be paid in like manner for like

659

services in such courts, from the funds herein provided.

660

     (5) Any person, other than an insurer, agent, or other

661

person licensed under the Florida Insurance Code, or an employee

662

of such licensee, having knowledge or a belief that a crime

663

involving arson, a destructive device, an illegal possession of

664

explosives, a fraudulent insurance act, or any other act or

665

practice which, upon conviction, constitutes a felony or a

666

misdemeanor under this chapter, the Florida Insurance Code, or s.

667

817.233, is being or has been committed may submit to the State

668

Fire Marshal a report or information pertinent to such knowledge

669

or belief and such additional information relative to such

670

knowledge or belief as the State Fire Marshal may request. Any

671

insurer, agent, or other person licensed under the Florida

672

Insurance Code, or an employee of such licensee, having knowledge

673

or a belief that a crime involving arson, a destructive device,

674

an illegal possession of explosives, or any other act or practice

675

which, upon conviction, constitutes a felony or a misdemeanor

676

under this chapter or s. 817.233, is being or has been committed,

677

shall send to the State Fire Marshal a report or information

678

pertinent to such knowledge or belief and such additional

679

information relative to such knowledge or belief as the State

680

Fire Marshal may require. The State Fire Marshal shall review

681

such information or reports and select such information or

682

reports as, in his or her judgment, may require further

683

investigation. The State Fire Marshal shall then cause an

684

independent examination of the facts surrounding such information

685

or report to be made to determine the extent, if any, to which a

686

crime involving arson, a destructive device, or a fraudulent

687

insurance act, or any other act or practice that, upon

688

conviction, constitutes a felony or a misdemeanor under this

689

chapter, the Florida Insurance Code, or s. 817.233 is being or

690

has been committed. The State Fire Marshal shall report any

691

alleged violations of law which his or her investigations reveal

692

to the appropriate licensing agency and state attorney or other

693

prosecuting agency having jurisdiction with respect to any such

694

violation.

695

     (6) It is unlawful for any person to resist an arrest by an

696

agent of the State Fire Marshal authorized by this section or in

697

any manner to interfere, by abetting or assisting such resistance

698

or otherwise interfering, with any Division of State Fire Marshal

699

investigator in the duties imposed upon such agent or

700

investigator by law or department rule.

701

     Section 13.  Section 633.121, Florida Statutes, is amended

702

to read:

703

     633.121  Persons authorized to enforce laws and rules of

704

State Fire Marshal.--The chiefs of county, municipal, and

705

special-district fire departments; other fire department

706

personnel designated by their respective chiefs; and personnel

707

designated by local governments having no organized fire

708

departments; and all law enforcement officers in the state duly

709

certified under chapter 943 and acting upon the request of the

710

State Fire Marshal or a chief of a county, municipal, or special

711

district fire department may are authorized to enforce this

712

chapter law and all rules adopted prescribed by the State Fire

713

Marshal within their respective jurisdictions. Such personnel

714

acting under the authority of this section shall be deemed to be

715

agents of their respective jurisdictions, not agents of the State

716

Fire Marshal.

717

     Section 14.  Section 633.13, Florida Statutes, is amended to

718

read:

719

     633.13  State Fire Marshal; authority of agents.--The

720

authority given the State Fire Marshal under this chapter or any

721

rule or order adopted by the State Fire Marshal law may be

722

exercised by his or her agents, either individually or in

723

conjunction with any other state or local official charged with

724

similar responsibilities.

725

     Section 15.  Section 633.14, Florida Statutes, is amended to

726

read:

727

     633.14  Agents; powers to make arrests, conduct searches and

728

seizures, serve summonses, and carry firearms.--Agents or

729

investigators of the State Fire Marshal have the power to make

730

arrests for criminal violations established as a result of

731

investigations. Such agents or investigators shall also be

732

considered state law enforcement officers for all purposes and

733

shall have the power to execute arrest warrants and search

734

warrants; serve subpoenas issued for the examination,

735

investigation, and trial of all offenses; and to arrest upon

736

probable cause, without warrant, any person violating any

737

provision of the laws of this state. Agents or investigators

738

empowered to make arrests under this section may bear arms in the

739

performance of their duties. In such a situation, the

740

investigator must be certified in compliance with the provisions

741

of s. 943.1395 or must meet the temporary employment or

742

appointment exemption requirements of s. 943.131 until certified

743

shall have the same authority to serve summonses, make arrests,

744

carry firearms, and make searches and seizures, as the sheriff or

745

her or his deputies, in the respective counties where such

746

investigations, hearings, or inspections may be held; and

747

affidavits necessary to authorize any such arrests, searches, or

748

seizures may be made before any trial court judge having

749

authority under the law to issue appropriate processes.

750

     Section 16.  Subsections (1) and (3) of section 633.161,

751

Florida Statutes, are amended to read:

752

     633.161  Violations; orders to cease and desist, correct

753

hazardous conditions, preclude occupancy, or vacate; enforcement;

754

penalties.--

755

     (1)  If it is determined by the department that a violation

756

specified in this subsection exists, the State Fire Marshal or

757

her or his agent deputy may issue and deliver to the person

758

committing the violation an order to cease and desist from such

759

violation, to correct any hazardous condition, to preclude

760

occupancy of the affected building or structure, or to vacate the

761

premises of the affected building or structure. Such violations

762

consist of are:

763

     (a)  Except as set forth in paragraph (b), a violation of

764

any provision of this chapter, of any rule adopted pursuant

765

thereto, of any applicable uniform firesafety standard adopted

766

pursuant to s. 633.022 which is not adequately addressed by any

767

alternative requirements adopted on a local level, or of any

768

minimum firesafety standard adopted pursuant to s. 394.879.

769

     (b)  A substantial violation of an applicable minimum

770

firesafety standard adopted pursuant to s. 633.025 which is not

771

reasonably addressed by any alternative requirement imposed at

772

the local level, or an unreasonable interpretation of an

773

applicable minimum firesafety standard, and which violation or

774

interpretation clearly constitutes a danger to lifesafety.

775

     (c)  A building or structure which is in a dilapidated

776

condition and as a result thereof creates a danger to life,

777

safety, or property.

778

     (d)  A building or structure which contains explosive matter

779

or flammable liquids or gases constituting a danger to life,

780

safety, or property.

781

     (e) A fire department that is not designated by a political

782

subdivision as defined in s. 1.01.

783

     (3)  Any person who violates or fails to comply with any

784

order under subsection (1) or subsection (2) commits is guilty of

785

a misdemeanor, punishable as provided in s. 633.171.

786

     Section 17.  Subsection (1) of section 633.171, Florida

787

Statutes, is amended to read:

788

     633.171  Penalty for violation of law, rule, or order to

789

cease and desist or for failure to comply with corrective

790

order.--

791

     (1) Any person who violates any provision of this chapter

792

law, any order or rule of the State Fire Marshal, or any order to

793

cease and desist or to correct conditions issued under this

794

chapter commits a misdemeanor of the second degree, punishable as

795

provided in s. 775.082 or s. 775.083.

796

     Section 18.  Subsection (1) of section 633.175, Florida

797

Statutes, is amended to read:

798

     633.175  Investigation of fraudulent insurance claims and

799

crimes; immunity of insurance companies supplying information.--

800

     (1) In addition to the other powers granted by this

801

chapter, the State Fire Marshal or an agent appointed pursuant to

802

s. 633.02, any law enforcement officer as defined in s. 111.065,

803

any law enforcement officer of a federal agency, or any fire

804

department official who is engaged in the investigation of a fire

805

loss may request any insurance company or its agent, adjuster,

806

employee, or attorney, investigating a claim under an insurance

807

policy or contract with respect to a fire to release any

808

information whatsoever in the possession of the insurance company

809

or its agent, adjuster, employee, or attorney relative to a loss

810

from that fire. The insurance company shall release the available

811

information to and cooperate with any official authorized to

812

request such information pursuant to this section. The

813

information shall include, but shall not be limited to:

814

     (a)  Any insurance policy relevant to a loss under

815

investigation and any application for such a policy.

816

     (b)  Any policy premium payment records.

817

     (c)  The records, reports, and all material pertaining to

818

any previous claims made by the insured with the reporting

819

company.

820

     (d)  Material relating to the investigation of the loss,

821

including statements of any person, proof of loss, and other

822

relevant evidence.

823

     (e)  Memoranda, notes, and correspondence relating to the

824

investigation of the loss in the possession of the insurance

825

company or its agents, adjusters, employees, or attorneys.

826

     Section 19.  Section 633.18, Florida Statutes, is amended to

827

read:

828

     633.18  State Fire Marshal; hearings and investigations;

829

subpoena of witnesses; orders of circuit court.--Any agent

830

designated by the State Fire Marshal for such purposes, may hold

831

hearings, sign and issue subpoenas, administer oaths, examine

832

witnesses, receive evidence, and require by subpoena the

833

attendance and testimony of witnesses and the production of such

834

accounts, records, memoranda or other evidence, as may be

835

material for the determination of any complaint or conducting any

836

inquiry or investigation under this chapter or any rule or order

837

of the State Fire Marshal law. In case of disobedience to a

838

subpoena, the State Fire Marshal or his or her agent may invoke

839

the aid of any court of competent jurisdiction in requiring the

840

attendance and testimony of witnesses and the production of

841

accounts, records, memoranda or other evidence and any such court

842

may in case of contumacy or refusal to obey a subpoena issued to

843

any person, issue an order requiring the person to appear before

844

the State Fire Marshal's agent or produce accounts, records,

845

memoranda or other evidence, as so ordered, or to give evidence

846

touching any matter pertinent to any complaint or the subject of

847

any inquiry or investigation, and any failure to obey such order

848

of the court shall be punished by the court as a contempt

849

thereof.

850

     Section 20.  Section 633.30, Florida Statutes, is amended to

851

read:

852

     633.30  Standards for firefighting; definitions.--As used in

853

this chapter, the term:

854

     (1) "Career firefighter" means a person who is compensated

855

at an hourly or salaried rate and whose work hours are scheduled

856

in advance to maintain a schedule of coverage at a station,

857

facility, or area to function as described in subsection (8)

858

"Firefighter" means any person initially employed as a full-time

859

professional firefighter by any employing agency, as defined

860

herein, whose primary responsibility is the prevention and

861

extinguishment of fires, the protection and saving of life and

862

property, and the enforcement of municipal, county, and state

863

fire prevention codes, as well as of any law pertaining to the

864

prevention and control of fires.

865

     (2) "Council" means the Firefighters Employment, Standards,

866

and Training Council "Employing agency" means any municipality or

867

county, the state, or any political subdivision of the state,

868

including authorities and special districts, employing

869

firefighters as defined in subsection (1).

870

     (3)  "Department" means the Department of Financial

871

Services.

872

     (4) "Division" means the Division of State Fire Marshal of

873

the Department of Financial Services "Council" means the

874

Firefighters Employment, Standards, and Training Council.

875

     (5) "Employing agency" means any municipality or county,

876

the state, or any political subdivision of the state, including

877

authorities, special districts, or any private entity under

878

contract with such entities "Division" means the Division of

879

State Fire Marshal of the Department of Financial Services.

880

     (6) "Fire department" means an organization designated by a

881

state political subdivision, such as a county, municipality, or

882

special fire control district, to provide emergency response for

883

the protection of life and property within a specified

884

geographical area.

885

     (7) "Fire service apprentice" means any high school student

886

who completes a high school course of instruction and examination

887

approved by the department that includes specified components of

888

firefighter I and II certification in accordance with the

889

division's rules. Before the age of 18, a fire service apprentice

890

may function as a fireground resource technician with a

891

recognized fire department. Upon age of 18 and graduation from

892

high school, the fire service apprentice may complete the

893

outstanding components of firefighter I and II certification

894

training and become certified at level II in accordance with the

895

division's rules.

896

     (8) "Firefighter" means any person whose responsibility is

897

the emergency response to fires and other emergencies, the

898

prevention and extinguishment of fires, the protection and saving

899

of life and property, and the enforcement of municipal, county,

900

and state fire prevention codes, as well as of any law pertaining

901

to the prevention and control of fires.

902

     (9) "Firefighter I" means a person who has successfully

903

completed the firefighter I training program and is certified at

904

level I in accordance with the division's rules. Firefighter I is

905

the minimum level of certification to function as a volunteer

906

firefighter.

907

     (10) "Firefighter II" means a person who has successfully

908

completed the firefighter II training program and is certified at

909

level II in accordance with the division's rules. Firefighter II

910

is the minimum level of certification to function as a career

911

firefighter as set forth in subsection (2). For purposes of this

912

chapter, a certificate of compliance at level II replaces the

913

previous certificate of compliance required to be a career

914

firefighter. Firefighters currently certified with a certificate

915

of compliance are deemed to be in compliance with the

916

requirements of this chapter and need not become certified as a

917

firefighter II.

918

     (11) "Fireground resource technician" means a volunteer

919

exterior firefighter or support person who is not qualified by

920

certification to be an interior firefighter but who has completed

921

a course of instruction in accordance with the division's rules.

922

Fireground resource technician is the minimum level of

923

certification to function on the fireground in accordance with

924

division rules.

925

     Section 21.  Section 633.34, Florida Statutes, is amended to

926

read:

927

     633.34  Firefighters; qualifications for employment.--

928

     (1) Any person applying for employment as a firefighter

929

must:

930

     (a)(1) Be a high school graduate or the equivalent, as the

931

term may be determined by the division, and at least 18 years of

932

age.

933

     (b)(2) Never have been adjudicated guilty of, or pled

934

guilty or nolo contendere to, any:

935

     1. Felony. If an applicant has been convicted of a felony,

936

the applicant is not eligible for certification until the

937

applicant complies with s. 112.011(2)(b); or

938

     2. Misdemeanor involving moral turpitude, or misleading or

939

false statements relating to certification or employment as a

940

firefighter.

941

942

If an applicant has been sentenced for any conviction of a felony

943

or a misdemeanor, the applicant is not eligible for certification

944

until 4 years after the expiration of any sentence. If a sentence

945

is suspended or adjudication is withheld and a period of

946

probation is imposed, the applicant must have been released from

947

probation Neither have been convicted of a felony or of a

948

misdemeanor directly related to the position of employment

949

sought, nor have pled nolo contendere to any charge of a felony.

950

If an applicant has been convicted of a felony, such applicant

951

must be in compliance with s. 112.011(2)(b). If an applicant has

952

been convicted of a misdemeanor directly related to the position

953

of employment sought, such applicant shall be excluded from

954

employment for a period of 4 years after expiration of sentence.

955

If the sentence is suspended or adjudication is withheld in a

956

felony charge or in a misdemeanor directly related to the

957

position or employment sought and a period of probation is

958

imposed, the applicant must have been released from probation.

959

     (c)(3) Pay for and submit fingerprints as directed by the

960

division Submit a fingerprint card to the division with a current

961

processing fee. The fingerprints shall fingerprint card will be

962

forwarded to the Department of Law Enforcement or and/or the

963

Federal Bureau of Investigation, or both, as directed by division

964

rule.

965

     (4) Have a good moral character as determined by

966

investigation under procedure established by the division.

967

     (d)(5) Be in good physical condition as determined by a

968

medical examination given by a physician, surgeon, or physician

969

assistant licensed to practice in the state pursuant to chapter

970

458; an osteopathic physician, surgeon, or physician assistant

971

licensed to practice in the state pursuant to chapter 459; or an

972

advanced registered nurse practitioner licensed to practice in

973

the state pursuant to chapter 464, who are aware of and familiar

974

with the medical requirements for training and certification as

975

stated in department rule. Such examination may include, but need

976

not be limited to, provisions of the National Fire Protection

977

Association Standard 1582. Results of this A medical examination

978

evidencing good physical condition shall be submitted to the

979

division, on a form as provided by rule, before an individual is

980

eligible for admission into a firefighter training program as

981

defined in s. 633.35.

982

     (e)(6) Be a nonuser of tobacco or tobacco products for at

983

least 1 year immediately preceding application, as evidenced by

984

the sworn affidavit of the applicant.

985

     (2) A person who does not hold a fire service apprentice,

986

fireground resource technician, firefighter I, or firefighter II

987

certificate may not respond or engage in hazardous operations,

988

including, but not limited to, interior structural firefighting,

989

hazardous-materials-incident mitigation, and incident command,

990

requiring the knowledge and skills taught in the training

991

programs established in s. 633.35, regardless of volunteer or

992

employment status.

993

     Section 22.  Section 633.35, Florida Statutes, is amended to

994

read:

995

     633.35  Firefighter training and certification.--

996

     (1) The division shall establish by rule a firefighter

997

training programs for certification as a fireground resource

998

technician, a fire service apprentice, a firefighter I, and a

999

firefighter II, to be program of not less than 360 hours,

1000

administered by such agencies and institutions as approved by the

1001

division in accordance with division rules it approves for the

1002

purpose of providing basic employment training for firefighters.

1003

Nothing herein shall require a public employer to pay the cost of

1004

such training.

1005

     (2) The division shall issue certificates a certificate of

1006

compliance for certification as a fireground resource technician,

1007

a fire service apprentice, a firefighter I, and a firefighter II

1008

to any person who has satisfactorily completed complying with the

1009

training programs program established in subsection (1), who has

1010

successfully passed an examination as prescribed by the division,

1011

and who possesses the qualifications specified for employment in

1012

s. 633.34, except s. 633.34(5). A No person may not be employed

1013

as a career regular or permanent firefighter by an employing

1014

agency, or by a private entity under contract with the state or

1015

any political subdivision of the state, including authorities and

1016

special districts, unless certified as a firefighter II, except

1017

for an individual hired to be trained and become certified as a

1018

firefighter II. An individual hired to be trained and become

1019

certified as a firefighter II has a maximum of for a period of

1020

time in excess of 1 year from the date of initial employment to

1021

obtain the firefighter II until he or she has obtained such

1022

certificate of compliance. A person who does not hold a

1023

firefighter II certificate of compliance and is employed under

1024

this section may not directly engage in hazardous operations,

1025

such as interior structural firefighting and hazardous-materials-

1026

incident mitigation, requiring the knowledge and skills taught in

1027

a training program established in subsection (1), including

1028

incident command. However, a person who is certified and has been

1029

employed by served as a volunteer firefighter with the state or

1030

any political subdivision of the state, including authorities and

1031

special districts, who is then employed as a career regular or

1032

permanent firefighter may function, during this period, in the

1033

same capacity in which he or she acted prior to being employed as

1034

a career firefighter as a volunteer firefighter, provided that he

1035

or she has completed all training required by the volunteer

1036

organization.

1037

     (3) The division may issue a certificate of compliance at

1038

the firefighter I or firefighter II level to any person who has

1039

received basic employment training for firefighters in another

1040

state when the division has determined that such training was at

1041

least equivalent to that required by the division for approved

1042

firefighter education and training programs in this state and

1043

when such person has satisfactorily complied with all other

1044

requirements of this section. The division may also issue a

1045

special certificate to a person who is otherwise qualified under

1046

this section and who is employed as the administrative and

1047

command head of a fire/rescue/emergency services organization,

1048

based on the acknowledgment that such person is less likely to

1049

need physical dexterity and more likely to need advanced

1050

knowledge of firefighting and supervisory skills. The certificate

1051

is valid only while the person is serving in a position as an

1052

administrative and command head of a fire/rescue/emergency

1053

services organization and must be obtained prior to employment in

1054

such capacity.

1055

     (4)  A person who fails an examination given under this

1056

section may retake the examination once within 6 months after the

1057

original examination date. An applicant who does not pass retake

1058

the examination within such time must repeat or take the

1059

applicable training program Minimum Standards Course, pursuant to

1060

subsection (1), before being reexamined. The division may

1061

establish reasonable preregistration deadlines for such

1062

reexaminations.

1063

     (5)  Pursuant to s. 590.02(1)(e), the division shall

1064

establish a structural fire training program of not less than 40

1065

hours. The division shall issue to any person satisfactorily

1066

complying with this training program and who has successfully

1067

passed an examination as prescribed by the division and who has

1068

met the requirements of s. 590.02(1)(e) a Certificate of Forestry

1069

Firefighter.

1070

     (6)  A certified forestry firefighter is entitled to the

1071

same rights, privileges, and benefits provided for by law as a

1072

career certified firefighter. For the purposes of this statute,

1073

forestry compliance certification is equivalent to firefighter

1074

II.

1075

     Section 23.  Section 633.351, Florida Statutes, is amended

1076

to read:

1077

     633.351  Disciplinary action; firefighters; standards for

1078

revocation of certification.--

1079

     (1)  The certification of a firefighter shall be revoked if

1080

evidence is found that the certification was improperly issued by

1081

the division or if evidence is found that the certification was

1082

issued on the basis of false, incorrect, incomplete, or

1083

misleading information.

1084

     (2) The certification of a firefighter who has been

1085

adjudicated guilty of, or pled guilty or nolo contendere to, any

1086

felony, or any misdemeanor involving moral turpitude, or

1087

misleading or false statements relating to the certification or

1088

employment as a firefighter, shall be revoked. In the case of a

1089

felony, the certification may not be reinstated is convicted of a

1090

felony, or who is convicted of a misdemeanor relating to

1091

misleading or false statements, or who pleads nolo contendere to

1092

any charge of a felony shall be revoked until the firefighter

1093

complies with s. 112.011(2)(b). However, if sentence upon such

1094

felony or such misdemeanor charge is suspended or adjudication is

1095

withheld, the firefighter's revocation of certification shall

1096

continue for a period of 4 years after expiration of completion

1097

of any probation before the applicant is eligible for

1098

recertification be revoked until she or he completes any

1099

probation.

1100

     (3) It is a violation of certification for any career

1101

firefighter as defined in this chapter, whose initial employment

1102

date is on or after July 1, 2008, to use tobacco products. An

1103

investigation by the local firefighter employer which determines

1104

such use, confirmed by legal means such as nicotine or cotinine

1105

testing, shall result in the suspension of the firefighter's

1106

state certification, requiring suspension or termination of

1107

employment. The division shall adopt rules setting forth the

1108

criteria for testing, investigation, and notification of the

1109

division by the local firefighter employer of violations, actions

1110

to be taken by the division, reinstatement of certification with

1111

appropriate medical approval and surveillance, and the number of

1112

violations allowed before permanent revocation of firefighter

1113

certification.

1114

     Section 24.  Section 633.352, Florida Statutes, is amended

1115

to read:

1116

     633.352  Retention of firefighter certification.--

1117

     (1) Any certified firefighter who has not been active as a

1118

firefighter, or as a volunteer firefighter with an organized fire

1119

department, for a period of 3 years shall be required to retake

1120

and pass the written and practical portions portion of the

1121

minimum standards state examination specified in division rules

1122

rule 4A-37.056(6)(b), Florida Administrative Code, in order to

1123

maintain her or his certification as a firefighter.; however,

1124

     (2) This requirement does not apply to state-certified

1125

firefighters who are certified and employed as full-time fire

1126

safety inspectors by a fire department employing agency or to

1127

instructors regardless of their employment status instructors, as

1128

determined by the division.

1129

     (3) The 3-year period begins on the date the firefighter I

1130

or firefighter II certificate of compliance is issued, or upon

1131

termination of service with an organized fire department, or upon

1132

expiration of instructor certification.

1133

     Section 25.  Paragraph (b) of subsection (1) and paragraph

1134

(a) of subsection (2) of section 633.382, Florida Statutes, are

1135

amended to read:

1136

     633.382  Firefighters; supplemental compensation.--

1137

     (1)  DEFINITIONS.--As used in this section, the term:

1138

     (b)  "Firefighter" means any person who meets the definition

1139

of the term "firefighter" in s. 633.30(2) and (10) s. 633.30(1)

1140

who is certified in compliance with s. 633.35 and who is employed

1141

solely within the fire department of the employing agency or is

1142

employed by the division.

1143

     (2)  QUALIFICATIONS FOR SUPPLEMENTAL COMPENSATION.--

1144

     (a)  In addition to the compensation now paid by an

1145

employing agency to a any firefighter II, every career

1146

firefighter shall be paid supplemental compensation by the

1147

employing agency when such firefighter has complied with one of

1148

the following criteria:

1149

     1. Any firefighter II who receives an associate degree from

1150

an accredited a college, which degree is applicable to fire

1151

department duties, as outlined in policy guidelines of the

1152

division, shall be additionally compensated as outlined in

1153

paragraph (3)(a).

1154

     2. Any firefighter II, regardless of whether or not she or

1155

he earned an associate degree earlier, who receives from an

1156

accredited college or university a bachelor's degree, which

1157

bachelor's degree is applicable to fire department duties, as

1158

outlined in policy guidelines of the division, shall receive

1159

compensation as outlined in paragraph (3)(b).

1160

     Section 26.  Subsection (3) is added to section 633.524,

1161

Florida Statutes, to read:

1162

     633.524  Certificate and permit fees; use and deposit of

1163

collected funds.--

1164

     (3) The State Fire Marshal may enter into a contract with

1165

any qualified public entity or private company in accordance with

1166

chapter 287 to provide examinations for any applicant for any

1167

examination administered under the jurisdiction of the State Fire

1168

Marshal under this chapter or any other chapter under the

1169

jurisdiction of the State Fire Marshal. The State Fire Marshal

1170

may have payments from each applicant for each examination made

1171

directly to such public entity or private company.

1172

     Section 27.  Subsections (1) and (4) of section 633.541,

1173

Florida Statutes, are amended to read:

1174

     633.541  Contracting without certificate prohibited;

1175

violations; penalty.--

1176

     (1)  It is unlawful for any organization or individual to

1177

engage in the business of, the layout, fabrication, installation,

1178

inspection, alteration, repair, or service of a fire protection

1179

system, other than a preengineered system, act in the capacity of

1180

a fire protection contractor, or advertise itself as being a fire

1181

protection contractor without having been duly certified and

1182

holding a valid and existing certificate, except as hereinafter

1183

provided. The holder of a certificate used to qualify an

1184

organization must be a full-time employee of the qualified

1185

organization or business. A certificateholder who is employed by

1186

more than one fire protection contractor during the same period

1187

of time is deemed not to be a full-time employee of either

1188

contractor. The State Fire Marshal shall revoke, for a period of

1189

time determined by the State Fire Marshal, the certificate of a

1190

certificateholder who allows the use of the certificate to

1191

qualify a company of which the certificateholder is not a full-

1192

time employee. A contractor who maintains more than one place of

1193

business must employ a certificateholder at each location.

1194

Nothing in This subsection does not prohibit prohibits an

1195

employee acting on behalf of governmental entities from

1196

inspecting and enforcing firesafety codes, provided such employee

1197

is certified under s. 633.081, or an owner of a one or two family

1198

dwelling from inspecting or maintaining the fire protection

1199

system for his or her own house.

1200

     (4)  In addition to the penalties provided in subsection

1201

(3), a fire protection contractor certified under this chapter

1202

who violates any provision of this chapter section or who commits

1203

any act constituting cause for disciplinary action is subject to

1204

suspension or revocation of the certificate and administrative

1205

fines pursuant to s. 633.547.

1206

     Section 28.  Subsection (4) of section 633.72, Florida

1207

Statutes, is amended to read:

1208

     633.72  Florida Fire Code Advisory Council.--

1209

     (4)  Each appointee shall serve a 4-year term. No member

1210

shall serve more than two consecutive terms one term. No member

1211

of the council shall be paid a salary as such member, but each

1212

shall receive travel and expense reimbursement as provided in s.

1213

112.061.

1214

     Section 29.  Section 633.811, Florida Statutes, is amended

1215

to read:

1216

     633.811  Firefighter employer penalties.--If any firefighter

1217

employer violates or fails or refuses to comply with ss. 633.801-

1218

633.821, or with any rule adopted by the division under such

1219

sections in accordance with chapter 120 for the prevention of

1220

injuries, accidents, or occupational diseases or with any lawful

1221

order of the division in connection with ss. 633.801-633.821, or

1222

fails or refuses to furnish or adopt any safety device,

1223

safeguard, or other means of protection prescribed by division

1224

rule under ss. 633.801-633.821 for the prevention of accidents or

1225

occupational diseases, the division may issue an administrative

1226

cease and desist order, enforceable in the circuit court in the

1227

jurisdiction where the violation is occurring or has occurred,

1228

and assess an administrative fine against a firefighter employer

1229

of not less than $100 nor more than $1,000 for each violation and

1230

each day of each violation. The administrative penalty assessment

1231

shall be subject to the provisions of chapter 120. The division

1232

may also assess against the firefighter employer a civil penalty

1233

of not less than $100 nor more than $5,000 for each day the

1234

violation, omission, failure, or refusal continues after the

1235

firefighter employer has been given written notice of such

1236

violation, omission, failure, or refusal. The total penalty for

1237

each violation shall not exceed $50,000. The division shall adopt

1238

rules requiring penalties commensurate with the frequency or

1239

severity of safety violations. A hearing shall be held in the

1240

county in which the violation, omission, failure, or refusal is

1241

alleged to have occurred, unless otherwise agreed to by the

1242

firefighter employer and authorized by the division. All

1243

penalties assessed and collected under this section shall be

1244

deposited in the Insurance Regulatory Trust Fund.

1245

     Section 30.  Subsection (3) of section 633.821, Florida

1246

Statutes, is amended to read:

1247

     633.821  Workplace safety.--

1248

     (3)  With respect to 29 C.F.R. s. 1910.134(g)(4), the two

1249

individuals located outside the immediately dangerous to life and

1250

health atmosphere may be assigned to an additional role, such as

1251

incident commander, pumper operator, engineer, or driver, so long

1252

as such individual is able to immediately perform assistance or

1253

rescue activities without jeopardizing the safety or health of

1254

any firefighter working at an incident. Also with respect to 29

1255

C.F.R. s. 1910.134(g)(4):

1256

     (a) Each county, municipality, and special district shall

1257

implement such provision by April 1, 2002, except as provided in

1258

paragraphs (b) and (c).

1259

     (b) If any county, municipality, or special district is

1260

unable to implement such provision by April 1, 2002, without

1261

adding additional personnel to its firefighting staff or

1262

expending significant additional funds, such county,

1263

municipality, or special district shall have an additional 6

1264

months within which to implement such provision. Such county,

1265

municipality, or special district shall notify the division that

1266

the 6-month extension to implement such provision is in effect in

1267

such county, municipality, or special district within 30 days

1268

after its decision to extend the time for the additional 6

1269

months. The decision to extend the time for implementation shall

1270

be made prior to April 1, 2002.

1271

     (c) If, after the extension granted in paragraph (b), the

1272

county, municipality, or special district, after having worked

1273

with and cooperated fully with the division and the Firefighters

1274

Employment, Standards, and Training Council, is still unable to

1275

implement such provisions without adding additional personnel to

1276

its firefighting staff or expending significant additional funds,

1277

such municipality, county, or special district shall be exempt

1278

from the requirements of 29 C.F.R. s. 1910.134(g)(4). However,

1279

each year thereafter the division shall review each such county,

1280

municipality, or special district to determine if such county,

1281

municipality, or special district has the ability to implement

1282

such provision without adding additional personnel to its

1283

firefighting staff or expending significant additional funds. If

1284

the division determines that any county, municipality, or special

1285

district has the ability to implement such provision without

1286

adding additional personnel to its firefighting staff or

1287

expending significant additional funds, the division shall

1288

require such county, municipality, or special district to

1289

implement such provision. Such requirement by the division under

1290

this paragraph constitutes final agency action subject to chapter

1291

120.

1292

     Section 31.  Section 1013.12, Florida Statutes, is amended

1293

to read:

1294

     1013.12  Casualty, safety, sanitation, and firesafety

1295

standards and inspection of property.--

1296

     (1)  FIRESAFETY.--The State Board of Education shall adopt

1297

and administer rules prescribing standards for the safety and

1298

health of occupants of educational and ancillary plants as a part

1299

of State Requirements for Educational Facilities or the Florida

1300

Building Code for educational facilities construction as provided

1301

in s. 1013.37, except that the State Fire Marshal in consultation

1302

with the Department of Education shall adopt uniform firesafety

1303

standards for educational and ancillary plants and educational

1304

facilities, as provided in s. 633.022(1)(b), and a firesafety

1305

evaluation system to be used as an alternate firesafety

1306

inspection standard for existing educational and ancillary plants

1307

and educational facilities. The uniform firesafety standards and

1308

the alternate firesafety evaluation system shall be administered

1309

and enforced by local fire officials. These standards must be

1310

used by all public agencies when inspecting public educational

1311

and ancillary plants, and the firesafety standards must be used

1312

by local fire officials when performing firesafety inspections of

1313

public educational and ancillary plants and educational

1314

facilities. In accordance with such standards, each board shall

1315

prescribe policies and procedures establishing a comprehensive

1316

program of safety and sanitation for the protection of occupants

1317

of public educational and ancillary plants. Such policies must

1318

contain procedures for periodic inspections as prescribed in this

1319

section and for withdrawal of any educational and ancillary

1320

plant, or portion thereof, from use until unsafe or unsanitary

1321

conditions are corrected or removed.

1322

     (2)  PERIODIC INSPECTION OF PROPERTY BY DISTRICT SCHOOL

1323

BOARDS.--

1324

     (a)  Each board shall provide for periodic inspection, other

1325

than firesafety inspection, of each educational and ancillary

1326

plant at least once during each fiscal year to determine

1327

compliance with standards of sanitation and casualty safety

1328

prescribed in the rules of the State Board of Education.

1329

     (b)  Firesafety inspections of each educational and

1330

ancillary plant must be made annually by persons certified by the

1331

Division of State Fire Marshal to be eligible to conduct

1332

firesafety inspections in public educational and ancillary

1333

plants. Upon request of the State Fire Marshal, the board shall

1334

submit a copy of the firesafety inspection report to the State

1335

Fire Marshal and, if there is a local fire official who conducts

1336

firesafety inspections, to the local fire official.

1337

     (c)  In each firesafety inspection report, the board shall

1338

include a plan of action and a schedule for the correction of

1339

each deficiency which have been formulated in consultation with

1340

the local fire control authority. If immediate life-threatening

1341

deficiencies are noted in any inspection, the board shall either

1342

take action to promptly correct the deficiencies or withdraw the

1343

educational or ancillary plant from use until such time as the

1344

deficiencies are corrected.

1345

     (3)  INSPECTION OF EDUCATIONAL PROPERTY BY OTHER PUBLIC

1346

AGENCIES.--

1347

     (a) A safety or sanitation inspection of any educational or

1348

ancillary plant may be made at any time by the Department of

1349

Education or any other state or local agency authorized or

1350

required to conduct such inspections by either general or special

1351

law. Each agency conducting inspections shall use the standards

1352

adopted by the Commissioner of Education in lieu of, and to the

1353

exclusion of, any other inspection standards prescribed either by

1354

statute or administrative rule. The agency shall submit a copy of

1355

the inspection report to the board.

1356

     (b) One firesafety inspection of each educational or

1357

ancillary plant must be conducted each fiscal year by the county,

1358

municipality, or special fire control district in which the plant

1359

is located using the standards adopted by the State Fire Marshal.

1360

The board shall cooperate with the inspecting authority when a

1361

firesafety inspection is made by a governmental authority under

1362

this paragraph.

1363

     (c) In each firesafety inspection report, the local fire

1364

official in conjunction with the board shall include a plan of

1365

action and a schedule for the correction of each deficiency. If

1366

immediate life-threatening deficiencies are noted in any

1367

inspection, the local fire official shall either take action to

1368

require the board to promptly correct the deficiencies or

1369

withdraw the educational facility from use until the deficiencies

1370

are corrected, subject to review by the State Fire Marshal who

1371

shall act within 10 days to ensure that the deficiencies are

1372

corrected or withdraw the facility from use.

1373

     (4)  CORRECTIVE ACTION; DEFICIENCIES OTHER THAN FIRESAFETY

1374

DEFICIENCIES.--Upon failure of the board to take corrective

1375

action within a reasonable time, the agency making the

1376

inspection, other than a local fire official, may request the

1377

commissioner to:

1378

     (a)  Order that appropriate action be taken to correct all

1379

deficiencies in accordance with a schedule determined jointly by

1380

the inspecting authority and the board; in developing the

1381

schedule, consideration must be given to the seriousness of the

1382

deficiencies and the ability of the board to obtain the necessary

1383

funds; or

1384

     (b)  After 30 calendar days' notice to the board, order all

1385

or a portion of the educational or ancillary plant withdrawn from

1386

use until the deficiencies are corrected.

1387

     (5) INSPECTIONS OF PUBLIC POSTSECONDARY EDUCATION

1388

FACILITIES.--

1389

     (a) Firesafety inspections of community college facilities

1390

shall comply with State Board of Education rules.

1391

     (b) Firesafety inspections of state universities shall

1392

comply with rules of the Board of Governors.

1393

     (6) CORRECTIVE ACTION; FIRESAFETY DEFICIENCIES.--Upon

1394

failure of the board to take corrective action within the time

1395

designated in the plan of action to correct any firesafety

1396

deficiency noted under paragraph (2)(c) or paragraph (3)(c), the

1397

local fire official shall immediately report the deficiency to

1398

the State Fire Marshal, who shall have enforcement authority with

1399

respect to educational and ancillary plants and educational

1400

facilities as provided in chapter 633 for any other building or

1401

structure.

1402

     (7) ADDITIONAL STANDARDS.--In addition to any other rules

1403

adopted under this section or s. 633.022, the State Fire Marshal

1404

in consultation with the Department of Education shall adopt and

1405

administer rules prescribing the following standards for the

1406

safety and health of occupants of educational and ancillary

1407

plants:

1408

     (a) The designation of serious life-safety hazards,

1409

including, but not limited to, nonfunctional fire alarm systems,

1410

nonfunctional fire sprinkler systems, doors with padlocks or

1411

other locks or devices that preclude egress at any time,

1412

inadequate exits, hazardous electrical system conditions,

1413

potential structural failure, and storage conditions that create

1414

a fire hazard.

1415

     (b) The proper placement of functional smoke and heat

1416

detectors and accessible, unexpired fire extinguishers.

1417

     (c) The maintenance of fire doors without doorstops or

1418

wedges improperly holding them open.

1419

     (8) ANNUAL REPORT.--The State Fire Marshal shall publish an

1420

annual report to be filed with the substantive committees of the

1421

state House of Representatives and Senate having jurisdiction

1422

over education, the Commissioner of Education or his or her

1423

successor, the State Board of Education, the Board of Governors,

1424

and the Governor documenting the status of each board's

1425

firesafety program, including the improvement or lack thereof.

1426

     Section 32.  This act shall take effect July 1, 2008.

1427

1428

================ T I T L E  A M E N D M E N T ================

1429

And the title is amended as follows:

1430

1431

     Delete everything before the enacting clause

1432

and insert:

1433

A bill to be entitled

1434

An act relating to fire prevention and control; amending

1435

ss. 218.23 and 447.203, F.S.; revising cross-references;

1436

amending s. 553.895, F.S.; revising outdated publication

1437

references; amending s. 633.02, F.S.; providing the

1438

correct name for the State Fire Marshal; amending s.

1439

633.022, F.S.; revising provisions relating to uniform

1440

firesafety standards to include application to tunnels;

1441

revising requirements pertaining to supervised automatic

1442

sprinkler systems within nursing homes; amending s.

1443

633.0245, F.S.; changing the application deadline for

1444

participation in the State Fire Marshal Nursing Home Loan

1445

Guarantee Program; amending s. 633.025, F.S.; providing

1446

requirements for firesafety plans and inspections for

1447

manufactured buildings; amending s. 633.03, F.S.;

1448

expanding application of authority of the State Fire

1449

Marshal to investigate fires to include explosions;

1450

amending s. 633.061, F.S.; revising the type of fire

1451

suppression equipment in which a person must be licensed

1452

in order to engage in the business of servicing,

1453

inspecting, recharging, hydrotesting, or installing;

1454

revising the requirements for the renewal of a license to

1455

engage in the business of servicing, inspecting,

1456

recharging, hydrotesting, or installing fire suppression

1457

equipment; amending s. 633.081, F.S.; authorizing the

1458

State Fire Marshal to inspect buildings or structures for

1459

certain violations; abolishing special state firesafety

1460

inspector classifications; providing for certification as

1461

a firesafety inspector; providing application and

1462

examination requirements; authorizing the State Fire

1463

Marshal to develop a certain advanced training and

1464

certification program for firesafety inspectors;

1465

authorizing the Division of State Fire Marshal to enter

1466

into a reciprocity agreement with the Florida Building

1467

Code Administrators and Inspectors Board for certain

1468

continuing education recertification purposes; amending s.

1469

633.085, F.S.; revising requirements for the State Fire

1470

Marshal to inspect state buildings; amending s. 633.101,

1471

F.S.; revising and expanding the authority and powers of

1472

the State Fire Marshal to administer oaths, compel

1473

attendance of witnesses, and collect evidence; providing

1474

certain forms of immunity from liability for certain

1475

actions and persons under certain circumstances; exempting

1476

certain information from discovery under certain

1477

circumstances; exempting agents of the State Fire Marshal

1478

from subpoena under certain circumstances; specifying

1479

limitations on treatment of physical evidence; authorizing

1480

persons and agents of the State Fire Marshal to submit

1481

certain crime-related reports or information to the State

1482

Fire Marshal; authorizing agents of the State Fire Marshal

1483

to make arrests as state law enforcement officers under

1484

certain circumstances; providing that it is unlawful to

1485

resist arrest; amending s. 633.121, F.S.; expanding the

1486

list of eligible persons authorized to enforce laws and

1487

rules of the State Fire Marshal; amending s. 633.13, F.S.;

1488

revising a provision relating to the authority of agents

1489

of the State Fire Marshal; amending s. 633.14, F.S.;

1490

revising and expanding powers regarding arrests, searches,

1491

and the carrying of firearms by State Fire Marshal agents

1492

and investigators; amending s. 633.161, F.S.; expanding

1493

the list of violations for which the State Fire Marshal

1494

may issue certain enforcement orders; providing criminal

1495

penalties for failure to comply with such orders; amending

1496

s. 633.171, F.S.; conforming a provision; amending s.

1497

633.175, F.S.; specifying additional powers granted to the

1498

State Fire Marshal; amending s. 633.18, F.S.; revising a

1499

provision relating to conduct of inquiries or

1500

investigations by agents of the State Fire Marshal;

1501

amending s. 633.30, F.S.; revising and providing

1502

definitions; amending s. 633.34, F.S.; revising

1503

requirements for qualification for employment as a

1504

firefighter; amending s. 633.35, F.S.; revising

1505

requirements for firefighter training and certification;

1506

amending s. 633.351, F.S.; revising provisions for

1507

disciplinary actions for firefighters; revising standards

1508

for revocation of firefighter certifications; amending s.

1509

633.352, F.S.; revising requirements for retention of

1510

firefighter certification; amending s. 633.382, F.S.;

1511

revising provisions regarding required supplemental

1512

compensation for firefighters; amending s. 633.524, F.S.;

1513

authorizing the State Fire Marshal to contract to provide

1514

certain examinations; amending s. 633.541, F.S.; expanding

1515

an exclusion from application of a prohibition against

1516

contracting without certification for certain homeowners;

1517

amending s. 633.72, F.S.; revising the membership terms of

1518

the Fire Code Advisory Council; amending s. 633.811, F.S.;

1519

expanding authority of the division to enforce provisions

1520

of law and rules applicable to employers; authorizing

1521

assessment of administrative fines; amending s. 633.821,

1522

F.S.; deleting certain obsolete provisions requiring

1523

counties, municipalities, and special districts to

1524

implement certain provisions of federal law; amending s.

1525

1013.12, F.S.; revising provisions regarding casualty,

1526

safety, sanitation, and firesafety standards and

1527

inspections of educational facilities and ancillary plants

1528

and reporting requirements; providing an effective date.

4/16/2008  4:08:00 PM     531-07563-08

CODING: Words stricken are deletions; words underlined are additions.