Florida Senate - 2010 SB 832
By Senator Justice
16-00806B-10 2010832__
1 A bill to be entitled
2 An act relating to the State Fire Marshal; amending s.
3 633.021, F.S.; revising definitions; amending s.
4 633.022, F.S.; requiring application of uniform
5 firesafety standards to state universities; amending
6 s. 633.025, F.S.; providing authority and requirements
7 for completion of plans for and inspection of
8 manufactured buildings at the point of manufacture
9 under certain circumstances; providing for associated
10 costs to be borne by the manufacturer; authorizing the
11 Department of Financial Services to adopt rules;
12 amending s. 633.026, F.S.; providing legislative
13 intent; requiring the State Fire Marshal to establish
14 a Fire Code Interpretation Committee for certain
15 purposes; providing eligibility requirements for
16 committee members; providing requirements for
17 nonbinding interpretations of the Florida Fire
18 Prevention Code; deleting certain legislative intent
19 provisions; requiring the Division of State Fire
20 Marshal to charge fees for nonbinding interpretations;
21 authorizing payment of fees directly to certain
22 contracted parties; providing for referral of disputed
23 interpretations to the State Fire Marshal for formal
24 interpretation; providing requirements for State Fire
25 Marshal issuance of nonbinding code interpretations;
26 specifying nonbinding interpretation petition
27 requirements; providing procedural requirements for
28 committee review and resolution of petitions;
29 providing for issuance of interpretations by the
30 committee; providing for formal interpretations by the
31 State Fire Marshal of disputed interpretations;
32 amending s. 633.027, F.S.; specifying nonapplication
33 of requirements for light-frame truss-type buildings
34 to certain townhouses; amending s. 633.061, F.S.;
35 providing requirements and procedures for certain fire
36 equipment dealers wishing to withdraw a previously
37 filed halon equipment exemption affidavit; requiring
38 fees; revising continuing education requirements for
39 renewal of certain fire suppression equipment licenses
40 and permits; providing equipment inspection
41 requirements for license applicants with facilities
42 outside this state; deleting provisions relating to
43 license examinations and applications after failing
44 certain examinations; providing requirements for
45 licensed fire equipment dealers to downgrade certain
46 licenses, including a fee; requiring certain
47 applicants to undertake a completely new application
48 process under certain circumstances and satisfy
49 certain requirements; amending s. 633.071, F.S.;
50 revising State Fire Marshal rulemaking authority
51 relating to specifications for standard service tags
52 for certain equipment; amending s. 633.081, F.S.;
53 revising requirements and procedures for inspections
54 of buildings and equipment; revising eligibility
55 requirements for firesafety inspection personnel;
56 abolishing special state firesafety inspector
57 classifications and certifications; providing
58 criteria, procedures, and requirements for special
59 state firesafety inspectors to be certified as
60 firesafety inspectors; authorizing the State Fire
61 Marshal to develop an advanced training and
62 certification program for certain firesafety
63 inspectors; specifying program requirements; requiring
64 the State Fire Marshal and the Florida Building Code
65 Administrators and Inspectors Board to enter into a
66 reciprocity agreement to recognize certain continuing
67 education recertification hours for certain purposes;
68 amending s. 633.082, F.S.; specifying required
69 procedures for inspections of certain alarm systems,
70 fire control systems, fire hydrants, and fire
71 protection systems; requiring owners to replace fire
72 sprinkler heads subject to government-mandated
73 recalls; amending s. 633.085, F.S.; revising
74 provisions relating to state buildings subject to
75 inspections by the State Fire Marshal; amending s.
76 633.161, F.S.; providing an additional violation
77 subject to certain cease and desist orders; providing
78 that violation of or failure to comply with such an
79 order is a misdemeanor subject to certain penalties;
80 amending s. 633.30, F.S.; revising definitions for
81 standards for firefighting; amending s. 633.34, F.S.;
82 revising qualifications for employment of
83 firefighters; amending s. 633.35, F.S.; requiring the
84 Division of State Fire Marshal to adopt rules
85 establishing firefighter training programs for certain
86 firefighting personnel; providing requirements and
87 authority for certifications of certain firefighting
88 personnel; authorizing the division to issue a Fire
89 Service Administrative and Command Head certificate to
90 certain persons for certain purposes; providing
91 requirements and limitations; revising examination
92 requirements; amending s. 633.351, F.S.; revising
93 requirements, procedures, and standards for revocation
94 of firefighter certification; requiring the division
95 to adopt rules; amending s. 633.352, F.S.; revising
96 requirements for retention of firefighter
97 certification; amending s. 633.382, F.S.; revising
98 definitions relating to supplemental compensation for
99 career firefighters; revising qualifications for
100 supplemental compensation; amending s. 633.521, F.S.;
101 requiring certain applicants to undertake a completely
102 new application process under certain circumstances
103 and satisfy certain requirements; revising
104 qualification and eligibility prerequisites for taking
105 examinations for certifications of certain
106 contractors; deleting an intent provision; amending s.
107 633.524, F.S.; authorizing the State Fire Marshal to
108 enter into contracts with qualified entities to
109 provide certain examinations; authorizing the State
110 Fire Marshal to direct payments from examination
111 applicants directly to the contracted entity or
112 company; amending s. 633.537, F.S.; deleting an
113 obsolete continuing education curriculum requirement;
114 amending s. 633.72, F.S.; providing for members of the
115 Florida Fire Code Advisory Council to serve for two
116 terms; amending s. 633.811, F.S.; authorizing the
117 division to issue administrative cease and desist
118 orders for certain violations under certain
119 circumstances; requiring certain hearings to be held
120 in Leon County; prohibiting the initiation of cease
121 and desist orders or proceedings or the accrual of
122 certain fines until after provision of notification
123 and opportunity to correct a violation; amending s.
124 633.821, F.S.; deleting certain obsolete workplace
125 safety provisions; amending ss. 218.23 and 447.203,
126 F.S.; conforming provisions relating to application to
127 career firefighters; amending ss. 489.103 and 590.02,
128 F.S.; conforming cross-references; amending s.
129 1013.12, F.S.; deleting an annual reporting
130 requirement of the State Fire Marshal; providing an
131 effective date.
132
133 Be It Enacted by the Legislature of the State of Florida:
134
135 Section 1. Paragraph (d) of subsection (5) and subsection
136 (9) of section 633.021, Florida Statutes, are amended to read:
137 633.021 Definitions.—As used in this chapter:
138 (5)
139 (d) “Contractor IV” means a contractor whose business is
140 limited to the execution of contracts requiring the ability to
141 lay out, fabricate, install, inspect, alter, repair, and service
142 automatic fire sprinkler systems for occupancies protected
143 within the scope of the National Fire Protection Association
144 publication NFPA 13D, Standard for the Installation of Sprinkler
145 Systems in One- and Two-Family Dwellings and Manufactured Homes
146 detached one-family dwellings, detached two-family dwellings,
147 and mobile homes, excluding preengineered systems and excluding
148 single-family homes in cluster units, such as apartments,
149 condominiums, and assisted living facilities or any building
150 that is connected to other dwellings.
151
152 The definitions in this subsection must not be construed to
153 include fire protection engineers or architects and do not limit
154 or prohibit a licensed fire protection engineer or architect
155 from designing any type of fire protection system. A distinction
156 is made between system design concepts prepared by the design
157 professional and system layout as defined in this section and
158 typically prepared by the contractor. However, persons certified
159 as a Contractor I, Contractor II, or Contractor IV under this
160 chapter may design fire protection systems of 49 or fewer
161 sprinklers, and may design the alteration of an existing fire
162 sprinkler system if the alteration consists of the relocation,
163 addition, or deletion of not more than 49 sprinklers,
164 notwithstanding the size of the existing fire sprinkler system.
165 A Contractor I, Contractor II, or Contractor IV may design a
166 fire protection system the scope of which complies with NFPA
167 13D, Standard for the Installation of Sprinkler Systems in One-
168 and Two-Family Dwellings and Manufactured Homes, as adopted by
169 the State Fire Marshal, notwithstanding the number of fire
170 sprinklers. Contractor-developed plans may not be required by
171 any local permitting authority to be sealed by a registered
172 professional engineer.
173 (9) A “fire protection system” is a system individually
174 designed to protect the interior or exterior of a specific
175 building or buildings, structure, or other special hazard from
176 fire. Such systems include, but are not limited to, water
177 sprinkler systems, water spray systems, foam-water sprinkler
178 systems, foam-water spray systems, CO2 systems, foam
179 extinguishing systems, dry chemical systems, and Halon and other
180 chemical systems used for fire protection use. Such systems also
181 include any overhead and underground fire mains, fire hydrants
182 and hydrant mains, standpipes and hoses connected to sprinkler
183 systems, sprinkler tank heaters, air lines, thermal systems used
184 in connection with fire sprinkler systems, and tanks and pumps
185 connected to fire sprinkler systems.
186 Section 2. Subsection (1) of section 633.022, Florida
187 Statutes, is amended to read:
188 633.022 Uniform firesafety standards.—The Legislature
189 hereby determines that to protect the public health, safety, and
190 welfare it is necessary to provide for firesafety standards
191 governing the construction and utilization of certain buildings
192 and structures. The Legislature further determines that certain
193 buildings or structures, due to their specialized use or to the
194 special characteristics of the person utilizing or occupying
195 these buildings or structures, should be subject to firesafety
196 standards reflecting these special needs as may be appropriate.
197 (1) The department shall establish uniform firesafety
198 standards that apply to:
199 (a) All new, existing, and proposed state-owned and state
200 leased buildings, including state universities.
201 (b) All new, existing, and proposed hospitals, nursing
202 homes, assisted living facilities, adult family-care homes,
203 correctional facilities, public schools, transient public
204 lodging establishments, public food service establishments,
205 elevators, migrant labor camps, mobile home parks, lodging
206 parks, recreational vehicle parks, recreational camps,
207 residential and nonresidential child care facilities, facilities
208 for the developmentally disabled, motion picture and television
209 special effects productions, tunnels, and self-service gasoline
210 stations, of which standards the State Fire Marshal is the final
211 administrative interpreting authority.
212
213 In the event there is a dispute between the owners of the
214 buildings specified in paragraph (b) and a local authority
215 requiring a more stringent uniform firesafety standard for
216 sprinkler systems, the State Fire Marshal shall be the final
217 administrative interpreting authority and the State Fire
218 Marshal’s interpretation regarding the uniform firesafety
219 standards shall be considered final agency action.
220 Section 3. Subsection (11) is added to section 633.025,
221 Florida Statutes, to read:
222 633.025 Minimum firesafety standards.—
223 (11)(a) The plans for, and inspections of, manufactured
224 buildings may be completed at the point of manufacture if:
225 1. The person reviewing the plans and inspecting the
226 manufactured or prototype building is a person currently
227 certified as a firesafety inspector under s. 633.081(2); and
228 2. The manufacturer’s modular data plate, stating that the
229 building is in compliance with this chapter and the rules of the
230 department, has been affixed to the building.
231 (b) The local fire official shall recognize and approve
232 such manufactured building, subject to local fire code
233 amendments, acceptable performance testing of life safety
234 systems, and site conditions. The cost of any additional work
235 necessary to meet these requirements shall be borne by the
236 manufacturer. The department may adopt rules to administer this
237 subsection.
238 Section 4. Section 633.026, Florida Statutes, is amended to
239 read:
240 633.026 Legislative intent; informal interpretations of the
241 Florida Fire Prevention Code.—
242 (1) It is the intent of the Legislature that:
243 (a) The Florida Fire Prevention Code be interpreted by fire
244 officials and local enforcement agencies in a manner that
245 protects the public safety, health, and welfare by ensuring
246 uniform interpretations throughout this state and by providing
247 processes for resolving disputes regarding such interpretations
248 which are just and expeditious.
249 (b) Such processes provide for the expeditious resolution
250 of the issues presented and that the resulting interpretation of
251 such issues be published on the website of the Division of State
252 Fire Marshal.
253 (2) The Division of State Fire Marshal shall by rule
254 establish an informal process of rendering nonbinding
255 interpretations of the Florida Fire Prevention Code. The
256 Division of State Fire Marshal may contract with and refer
257 interpretive issues to a nonprofit organization that has
258 experience in interpreting and enforcing the Florida Fire
259 Prevention Code. The Division of State Fire Marshal shall
260 immediately implement the process prior to the completion of
261 formal rulemaking.
262 (3)(a) It is the intent of the Legislature that The
263 Division of State Fire Marshal shall establish create a Fire
264 Code Interpretation Committee composed of seven persons and
265 seven alternates, equally representing each area of the state
266 process to refer questions to a small group of individuals
267 certified under s. 633.081(2), to which a party can pose
268 questions regarding the interpretation of Florida Fire
269 Prevention Code provisions.
270 (b) Each member and alternate member of the Fire Code
271 Interpretation Committee must be certified as a firesafety
272 inspector pursuant to s. 633.081 and must have a minimum of 5
273 years of experience interpreting and enforcing the Florida Fire
274 Prevention Code and the Life Safety Code. Each member and
275 alternate member must be approved by the Division of State Fire
276 Marshal and deemed by the division to have met these
277 requirements for at least 30 days before participating in a
278 review of a nonbinding interpretation.
279 (4) Each nonbinding interpretation of code provisions must
280 be provided within 10 business days after receipt of a request
281 for an interpretation. The response period established in this
282 subsection may be waived only with the written consent of the
283 party requesting the nonbinding interpretation and the Division
284 of State Fire Marshal. Nonbinding It is the intent of the
285 Legislature that the process provide for the expeditious
286 resolution of the issues presented and publication of the
287 resulting interpretation on the website of the Division of State
288 Fire Marshal. It is the intent of the Legislature that this
289 program be similar to the program established by the Florida
290 Building Commission in s. 553.775(3)(g). Such interpretations
291 shall be advisory only and not binding nonbinding on the parties
292 or the State Fire Marshal.
293 (5) In order to administer this section, the Division of
294 State Fire Marshal shall charge department may adopt by rule and
295 impose a fee for each nonbinding interpretation interpretations,
296 with payment made directly to the third party. The fee may not
297 exceed $150 for each request for a review or interpretation. The
298 division may authorize payment of fees directly to the nonprofit
299 organization under contract pursuant to subsection (2).
300 (6) A party requesting a nonbinding interpretation who
301 disagrees with the interpretation issued under this section may
302 apply for a formal interpretation from the State Fire Marshal
303 pursuant to s. 633.01(6).
304 (7) The Division of State Fire Marshal shall issue or cause
305 to be issued a nonbinding interpretation of the Florida Fire
306 Prevention Code pursuant to this section when requested to do so
307 upon submission of a petition by the owner or owner’s
308 representative, or the contractor or contractor’s
309 representative, of a project in dispute or by a fire official.
310 The division shall adopt a petition form by rule and the
311 petition form must be published on the State Fire Marshal’s
312 website. The form shall, at a minimum, require:
313 (a) The name and address of the local fire official,
314 including the address of the county, municipality, or special
315 district.
316 (b) The name and address of the owner or owner’s
317 representative or the contractor or contractor’s representative.
318 (c) A statement of the specific sections of the Florida
319 Fire Prevention Code being interpreted by the local fire
320 official.
321 (d) An explanation of how the petitioner’s substantial
322 interests are being affected by the local interpretation of the
323 Florida Fire Prevention Code.
324 (e) A statement of the interpretation of the specific
325 sections of the Florida Fire Prevention Code by the local fire
326 official.
327 (f) A statement of the interpretation that the petitioner
328 contends should be given to the specific sections of the Florida
329 Fire Prevention Code and a statement supporting the petitioner’s
330 interpretation.
331 (8) Upon receipt of a petition that meets the requirements
332 of subsection (7), the Division of State Fire Marshal shall
333 immediately provide copies of the petition to the Fire Code
334 Interpretation Committee, and shall publish the petition and any
335 response submitted by the local fire official on the State Fire
336 Marshal’s website.
337 (9) The committee shall conduct proceedings as necessary to
338 resolve the issues and give due regard to the petition, the
339 facts of the matter at issue, specific code sections cited, and
340 any implications of provisions of state law affecting the
341 Florida Fire Prevention Code. The committee shall issue an
342 interpretation regarding the provisions of the Florida Fire
343 Prevention Code within 10 days after the filing of a petition.
344 The committee shall issue an interpretation based upon the
345 Florida Fire Prevention Code or, if the code is ambiguous, the
346 intent of the code. The committee’s interpretation shall be
347 provided to the petitioner and shall include a notice that, if
348 the petitioner disagrees with the interpretation, the petitioner
349 may file a request for formal interpretation by the State Fire
350 Marshal under s. 633.01(6). The committee’s interpretation shall
351 be provided to the State Fire Marshal, and the division shall
352 publish the interpretation on the State Fire Marshal’s website
353 and in the Florida Administrative Weekly.
354 Section 5. Section 633.027, Florida Statutes, is amended to
355 read:
356 633.027 Buildings with light-frame truss-type construction;
357 notice requirements; enforcement.—
358 (1) The owner of any commercial or industrial structure, or
359 any multiunit residential structure of three units or more, that
360 uses light-frame truss-type construction shall mark the
361 structure with a sign or symbol approved by the State Fire
362 Marshal in a manner sufficient to warn persons conducting fire
363 control and other emergency operations of the existence of
364 light-frame truss-type construction in the structure.
365 (2) The State Fire Marshal shall adopt rules necessary to
366 implement the provisions of this section, including, but not
367 limited to:
368 (a) The dimensions and color of such sign or symbol.
369 (b) The time within which commercial, industrial, and
370 multiunit residential structures that use light-frame truss-type
371 construction shall be marked as required by this section.
372 (c) The location on each commercial, industrial, and
373 multiunit residential structure that uses light-frame truss-type
374 construction where such sign or symbol must be posted.
375 (3) The State Fire Marshal, and local fire officials in
376 accordance with s. 633.121, shall enforce the provisions of this
377 section. Any owner who fails to comply with the requirements of
378 this section is subject to penalties as provided in s. 633.161.
379 (4) This section does not apply to townhouses designed and
380 constructed in accordance with the Florida Building Code.
381 Section 6. Subsections (1), (2), and (3) of section
382 633.061, Florida Statutes, are amended to read:
383 633.061 Fire suppression equipment; license to install or
384 maintain.—
385 (1)(a) It is unlawful for any organization or individual to
386 engage in the business of servicing, repairing, recharging,
387 testing, marking, inspecting, installing, or hydrotesting any
388 fire extinguisher or preengineered system in this state except
389 in conformity with the provisions of this chapter. Each
390 organization or individual that engages in such activity must
391 possess a valid and subsisting license issued by the State Fire
392 Marshal. All fire extinguishers and preengineered systems
393 required by statute or by rule must be serviced by an
394 organization or individual licensed under the provisions of this
395 chapter. A licensee who receives appropriate training shall not
396 be prohibited by a manufacturer from servicing any particular
397 brand of fire extinguisher or preengineered system. The licensee
398 is legally qualified to act for the business organization in all
399 matters connected with its business, and the licensee must
400 supervise all activities undertaken by such business
401 organization. Each licensee shall maintain a specific business
402 location. A further requirement, in the case of multiple
403 locations where such servicing or recharging is taking place, is
404 that each licensee who maintains more than one place of business
405 where actual work is carried on must possess an additional
406 license, as set forth in this section, for each location, except
407 that a licensed individual may not qualify for more than five
408 locations. A licensee is limited to a specific type of work
409 performed depending upon the class of license held. Licenses and
410 license fees are required for the following:
411 1.(a) Class A........................................$250
412 To service, recharge, repair, install, or inspect all types of
413 fire extinguishers and to conduct hydrostatic tests on all types
414 of fire extinguishers.
415 2.(b) Class B........................................$150
416 To service, recharge, repair, install, or inspect all types of
417 fire extinguishers, including recharging carbon dioxide units
418 and conducting hydrostatic tests on all types of fire
419 extinguishers, except carbon dioxide units.
420 3.(c) Class C........................................$150
421 To service, recharge, repair, install, or inspect all types of
422 fire extinguishers, except recharging carbon dioxide units, and
423 to conduct hydrostatic tests on all types of fire extinguishers,
424 except carbon dioxide units.
425 4.(d) Class D........................................$200
426 To service, repair, recharge, hydrotest, install, or inspect all
427 types of preengineered fire extinguishing systems.
428 5.(e) Licenses issued as duplicates or to reflect a change
429 of address...................................................$10
430 (b)1. Any fire equipment dealer licensed pursuant to this
431 subsection who does not want to engage in the business of
432 servicing, inspecting, recharging, repairing, hydrotesting, or
433 installing halon equipment must file an affidavit on a form
434 provided by the division so stating. Licenses will be issued by
435 the division to reflect the work authorized thereunder. It is
436 unlawful, unlicensed activity for any person or firm to falsely
437 hold himself or herself or a business organization out to
438 perform any service, inspection, recharge, repair, hydrotest, or
439 installation except as specifically described in the license.
440 2. Any fire equipment dealer licensed pursuant to this
441 subsection who wishes to withdraw a previously filed halon
442 equipment exemption affidavit and engage in the business of
443 servicing, inspecting, recharging, repairing, hydrotesting, or
444 installing halon equipment must submit a written statement to
445 the division requesting the withdrawal of the affidavit. The
446 dealer must also submit to an inspection by the State Fire
447 Marshal or his or her designee in order to determine that the
448 dealer possesses the equipment required to service, recharge,
449 repair, hydrotest, or install halon equipment and submit a fee
450 of $50 for each license and $10 for each permit associated with
451 the dealer.
452 (2)(a) Each individual actually performing the work of
453 servicing, recharging, repairing, hydrotesting, installing,
454 testing, or inspecting fire extinguishers or preengineered
455 systems must possess a valid and subsisting permit issued by the
456 State Fire Marshal. Permittees are limited as to specific type
457 of work performed to allow work no more extensive than the class
458 of license held by the licensee under whom the permittee is
459 working. Permits will be issued by the division and the fees
460 required are as follows:
461 1.(a) Portable permit.................................$90
462 “Portable permittee” means a person who is limited to performing
463 work no more extensive than the employing licensee in the
464 servicing, recharging, repairing, installing, or inspecting all
465 types of portable fire extinguishers.
466 2.(b) Preengineered permit...........................$120
467 “Preengineered permittee” means a person who is limited to the
468 servicing, recharging, repairing, installing, or inspecting of
469 all types of preengineered fire extinguishing systems.
470 3.(c) Permits issued as duplicates or to reflect a change
471 of address...................................................$10
472 (b) Any fire equipment permittee licensed pursuant to this
473 subsection who does not want to engage in servicing, inspecting,
474 recharging, repairing, hydrotesting, or installing halon
475 equipment must file an affidavit on a form provided by the
476 division so stating. Permits will be issued by the division to
477 reflect the work authorized thereunder. It is unlawful,
478 unlicensed activity for any person or firm to falsely hold
479 himself or herself out to perform any service, inspection,
480 recharge, repair, hydrotest, or installation except as
481 specifically described in the permit.
482 (3)(a) Such licenses and permits shall be issued by the
483 State Fire Marshal for 2 years beginning January 1, 2000, and
484 each 2-year period thereafter and expiring December 31 of the
485 second year. All licenses or permits issued will expire on
486 December 31 of each odd-numbered year. The failure to renew a
487 license or permit by December 31 of the second year will cause
488 the license or permit to become inoperative. The holder of an
489 inoperative license or permit shall not engage in any activities
490 for which a license or permit is required by this section. A
491 license or permit which is inoperative because of the failure to
492 renew it shall be restored upon payment of the applicable fee
493 plus a penalty equal to the applicable fee, if the application
494 for renewal is filed no later than the following March 31. If
495 the application for restoration is not made before the March
496 31st deadline, the fee for restoration shall be equal to the
497 original application fee and the penalty provided for herein,
498 and, in addition, the State Fire Marshal shall require
499 reexamination of the applicant. The fee for a license or permit
500 issued for 1 year or less shall be prorated at 50 percent of the
501 applicable fee for a biennial license or permit. Following the
502 initial licensure, each licensee or permittee shall successfully
503 complete a course or courses of continuing education for fire
504 equipment technicians of at least 16 32 hours. A license or
505 permit may not be renewed unless the licensee or permittee
506 produces documentation of the completion of at least 16 hours of
507 continuing education for fire equipment technicians during the
508 biennial licensure period within 4 years of initial issuance of
509 a license or permit and within each 4-year period thereafter or
510 no such license or permit shall be renewed. A person who is both
511 a licensee and a permittee shall be required to complete 16 32
512 hours of continuing education during each renewal per 4-year
513 period. Each licensee shall ensure that all permittees in his or
514 her employment meet their continuing education requirements. The
515 State Fire Marshal shall adopt rules describing the continuing
516 education requirements and shall have the authority upon
517 reasonable belief, to audit a fire equipment dealer to determine
518 compliance with continuing education requirements.
519 (b) The forms of such licenses and permits and applications
520 therefor shall be prescribed by the State Fire Marshal; in
521 addition to such other information and data as that officer
522 determines is appropriate and required for such forms, there
523 shall be included in such forms the following matters. Each such
524 application shall be in such form as to provide that the data
525 and other information set forth therein shall be sworn to by the
526 applicant or, if a corporation, by an officer thereof. An
527 application for a permit shall include the name of the licensee
528 employing such permittee, and the permit issued in pursuance of
529 such application shall also set forth the name of such licensee.
530 A permit is valid solely for use by the holder thereof in his or
531 her employment by the licensee named in the permit.
532 (c) A license of any class shall not be issued or renewed
533 by the State Fire Marshal and a license of any class shall not
534 remain operative unless:
535 1. The applicant has submitted to the State Fire Marshal
536 evidence of registration as a Florida corporation or evidence of
537 compliance with s. 865.09.
538 2. The State Fire Marshal or his or her designee has by
539 inspection determined that the applicant possesses the equipment
540 required for the class of license sought. The State Fire Marshal
541 shall give an applicant a reasonable opportunity to correct any
542 deficiencies discovered by inspection. A fee of $50, payable to
543 the State Fire Marshal, shall be required for any subsequent
544 reinspection. To obtain such inspection, an applicant with
545 facilities located outside this state must:
546 a. Provide a notarized statement from an engineer licensed
547 by the applicant’s state of domicile certifying that the
548 applicant possesses the equipment required for the class of
549 license sought and that all such equipment is operable; or
550 b. Allow the State Fire Marshal or his or her designee to
551 inspect the facility. All costs associated with the State Fire
552 Marshal’s conduction of the inspection shall be paid by the
553 applicant. The State Fire Marshal shall, in accordance with s.
554 120.54, adopt by rule standards for the calculation and
555 establishment of the amount of costs associated with any
556 inspection conducted by the State Fire Marshal under this
557 section. Such rules shall include procedures for invoicing and
558 receiving funds in advance of the inspection.
559 3. The applicant has submitted to the State Fire Marshal
560 proof of insurance providing coverage for comprehensive general
561 liability for bodily injury and property damage, products
562 liability, completed operations, and contractual liability. The
563 State Fire Marshal shall adopt rules providing for the amounts
564 of such coverage, but such amounts shall not be less than
565 $300,000 for Class A or Class D licenses, $200,000 for Class B
566 licenses, and $100,000 for Class C licenses; and the total
567 coverage for any class of license held in conjunction with a
568 Class D license shall not be less than $300,000. The State Fire
569 Marshal may, at any time after the issuance of a license or its
570 renewal, require upon demand, and in no event more than 30 days
571 after notice of such demand, the licensee to provide proof of
572 insurance, on a form provided by the State Fire Marshal,
573 containing confirmation of insurance coverage as required by
574 this chapter. Failure, for any length of time, to provide proof
575 of insurance coverage as required shall result in the immediate
576 suspension of the license until proof of proper insurance is
577 provided to the State Fire Marshal. An insurer which provides
578 such coverage shall notify the State Fire Marshal of any change
579 in coverage or of any termination, cancellation, or nonrenewal
580 of any coverage.
581 4. The applicant applies to the State Fire Marshal and
582 successfully completes a prescribed training course offered by
583 the State Fire College or an equivalent course approved by the
584 State Fire Marshal. This subparagraph does not apply to any
585 holder of or applicant for a permit under paragraph (f) or to a
586 business organization or a governmental entity seeking initial
587 licensure or renewal of an existing license solely for the
588 purpose of inspecting, servicing, repairing, marking,
589 recharging, and maintaining fire extinguishers used and located
590 on the premises of and owned by such organization or entity.
591 5. The applicant has a current retestor identification
592 number that is appropriate for the license for which the
593 applicant is applying and that is listed with the United States
594 Department of Transportation.
595 6. The applicant has passed, with a grade of at least 70
596 percent, a written examination testing his or her knowledge of
597 the rules and statutes regulating the activities authorized by
598 the license and demonstrating his or her knowledge and ability
599 to perform those tasks in a competent, lawful, and safe manner.
600 Such examination shall be developed and administered by the
601 State Fire Marshal, or his or her designee in accordance with
602 policies and procedures of the State Fire Marshal. An applicant
603 shall pay a nonrefundable examination fee of $50 for each
604 examination or reexamination scheduled. No reexamination shall
605 be scheduled sooner than 30 days after any administration of an
606 examination to an applicant. No applicant shall be permitted to
607 take an examination for any level of license more than a total
608 of four times during 1 year, regardless of the number of
609 applications submitted. As a prerequisite to licensure of the
610 applicant:
611 a. Must be at least 18 years of age.
612 b. Must have 4 years of proven experience as a fire
613 equipment permittee at a level equal to or greater than the
614 level of license applied for or have a combination of education
615 and experience determined to be equivalent thereto by the State
616 Fire Marshal. Having held a permit at the appropriate level for
617 the required period constitutes the required experience.
618 c. Must not have been convicted of, or pled nolo contendere
619 to, any felony. If an applicant has been convicted of any such
620 felony, the applicant must comply with s. 112.011(1)(b).
621
622 This subparagraph does not apply to any holder of or applicant
623 for a permit under paragraph (f) or to a business organization
624 or a governmental entity seeking initial licensure or renewal of
625 an existing license solely for the purpose of inspecting,
626 servicing, repairing, marking, recharging, hydrotesting, and
627 maintaining fire extinguishers used and located on the premises
628 of and owned by such organization or entity.
629 (d) An applicant who fails the examination may take it
630 three more times during the 1-year period after he or she
631 originally filed an application for the examination. If the
632 applicant fails the examination within 1 year after the
633 application date and seeks to retake the examination, he or she
634 must file a new application, pay the application and examination
635 fees, and successfully complete a prescribed training course
636 approved by the State Fire College or an equivalent course
637 approved by the State Fire Marshal. An applicant may not submit
638 a new application within 6 months after the date of his or her
639 last reexamination.
640 (d)(e) A fire equipment dealer licensed under this section
641 may apply to upgrade the license currently held, if the licensed
642 dealer:
643 1. Submits an application for the license on a form in
644 conformance with paragraph (b). The application must be
645 accompanied by a fee as prescribed in subsection (1) for the
646 type of license requested.
647 2. Provides evidence of 2 years’ experience as a licensed
648 dealer and meets such relevant educational requirements as are
649 established by rule by the State Fire Marshal for purposes of
650 upgrading a license.
651 3. Meets the requirements of paragraph (c).
652 (e) A fire equipment dealer licensed under this section may
653 apply to downgrade the license currently held by the dealer, if
654 the dealer:
655 1. Submits an application for the downgraded license on a
656 form in conformance with paragraph (b). The application must be
657 accompanied by a fee as prescribed in subsection (1) for the
658 type of license requested.
659 2. Submits proof of insurance providing coverage meeting
660 the requirements prescribed in subparagraph (c)3.
661 3. Submits a fee of $10 for every permit associated with
662 the license to be downgraded.
663 (f) A No permit of any class may not shall be issued or
664 renewed to a person by the State Fire Marshal, and a no permit
665 of any class may not shall remain operative, unless the person
666 has:
667 1. Submitted a nonrefundable examination fee in the amount
668 of $50.;
669 2. Successfully completed a training course offered by the
670 State Fire College or an equivalent course approved by the State
671 Fire Marshal.; and
672 3. Passed, with a grade of at least 70 percent, a written
673 examination testing his or her knowledge of the rules and
674 statutes regulating the activities authorized by the permit and
675 demonstrating his or her knowledge and ability to perform those
676 tasks in a competent, lawful, and safe manner. Such examination
677 shall be developed and administered by the State Fire Marshal in
678 accordance with the policies and procedures of the State Fire
679 Marshal. An examination fee shall be paid for each examination
680 scheduled. No reexamination shall be scheduled sooner than 30
681 days after any administration of an examination to an applicant.
682 No applicant shall be permitted to take an examination for any
683 level of permit more than four times during 1 year, regardless
684 of the number of applications submitted. As a prerequisite to
685 taking the permit examination, the applicant must be at least 16
686 years of age.
687 (g) An applicant for a license or permit under this section
688 who fails the examination may take the examination it three more
689 times during the 1-year period after he or she originally filed
690 an application for the examination. If the applicant fails the
691 examination within 1 year after the application date and he or
692 she seeks to retake the examination, he or she must file a new
693 application, pay the application and examination fees, and
694 successfully complete a prescribed training course offered by
695 the State Fire College or an equivalent course approved by the
696 State Fire Marshal. The applicant may not submit a new
697 application within 6 months after the date of his or her last
698 reexamination. An applicant who passes the examination but does
699 not meet the remaining qualifications prescribed by law and rule
700 within 1 year after the application date must file a new
701 application, pay the application and examination fee,
702 successfully complete a prescribed training course approved by
703 the State Fire College or an equivalent course approved by the
704 State Fire Marshal, and pass the written examination.
705 Section 7. Subsection (3) of section 633.071, Florida
706 Statutes, is amended to read:
707 633.071 Standard service tag required on all fire
708 extinguishers and preengineered systems; serial number required
709 on all portable fire extinguishers; standard inspection tags
710 required on all fire protection systems.—
711 (3) The State Fire Marshal shall adopt by rule
712 specifications as to the method of attachment and placement,
713 size, shape, color, information, and data contained thereon of
714 inspection tags to be attached to all types of fire protection
715 systems and information required on an inspection report of such
716 an inspection.
717 Section 8. Section 633.081, Florida Statutes, is amended to
718 read:
719 633.081 Inspection of buildings and equipment; orders;
720 firesafety inspection training requirements; certification;
721 disciplinary action.—The State Fire Marshal and her or his
722 agents may shall, at any reasonable hour, when the State Fire
723 Marshal department has reasonable cause to believe that a
724 violation of this chapter or s. 509.215, or a rule promulgated
725 thereunder, or a minimum firesafety code adopted by the State
726 Fire Marshal or a local authority, may exist, inspect any and
727 all buildings and structures which are subject to the
728 requirements of this chapter or s. 509.215 and rules promulgated
729 thereunder. The authority to inspect shall extend to all
730 equipment, vehicles, and chemicals which are located on or
731 within the premises of any such building or structure.
732 (1) Each county, municipality, and special district that
733 has firesafety enforcement responsibilities shall employ or
734 contract with a firesafety inspector. The firesafety inspector
735 must conduct all firesafety inspections that are required by
736 law, except as provided in subsection (4) and s. 633.082(2). The
737 governing body of a county, municipality, or special district
738 that has firesafety enforcement responsibilities may provide a
739 schedule of fees to pay only the costs of inspections conducted
740 pursuant to this subsection and related administrative expenses.
741 Two or more counties, municipalities, or special districts that
742 have firesafety enforcement responsibilities may jointly employ
743 or contract with a firesafety inspector.
744 (2) Except as provided in subsection (4) and s. 633.082(2),
745 every firesafety inspection conducted pursuant to state or local
746 firesafety requirements shall be by a person certified as having
747 met the inspection training requirements set by the State Fire
748 Marshal. Such person shall:
749 (a) Be a high school graduate or the equivalent as the term
750 may be determined by the division. department;
751 (b) Not have been found guilty of, or having pled pleaded
752 guilty or nolo contendere to, a felony or a crime punishable by
753 imprisonment of 1 year or more under the laws law of the United
754 States, or of any state thereof, or under the laws of any other
755 country. An applicant for certification as a firesafety
756 inspector with a prior felony conviction shall be excluded from
757 such certification for a period of 4 years after expiration of
758 the sentence or final release by the Parole Commission unless
759 the applicant, prior to the expiration of the 4-year period, has
760 received a full pardon or has had his or her civil rights
761 restored. However, a person may be denied certification by the
762 state, any of its agencies or political subdivisions, or any
763 municipality by reason of the prior conviction for a crime if
764 the crime was a felony or first degree misdemeanor and was
765 directly related to the duties authorized under the
766 certification. which involves moral turpitude, without regard to
767 whether a judgment of conviction has been entered by the court
768 having jurisdiction of such cases;
769 (c) Have her or his fingerprints on file with the
770 department or with an agency designated by the department.;
771 (d) Have good moral character as determined by the
772 department.;
773 (e) Be at least 18 years of age.;
774 (f) Have satisfactorily completed the firesafety inspector
775 certification examination as prescribed by the department.; and
776 (g)1. Have satisfactorily completed, as determined by the
777 department, a firesafety inspector training program of not less
778 than 200 hours established by the department and administered by
779 agencies and institutions approved by the department for the
780 purpose of providing basic certification training for firesafety
781 inspectors; or
782 2. Have received in another state training which is
783 determined by the department to be at least equivalent to that
784 required by the department for approved firesafety inspector
785 education and training programs in this state.
786 (3)(a)1. Effective July 1, 2012, the classification of
787 special state firesafety inspector is abolished and all special
788 state firesafety inspector certifications shall expire at
789 midnight June 30, 2012.
790 2. Any person who is a special state firesafety inspector
791 on June 30, 2012, and who has failed to comply with paragraph
792 (b) or paragraph (c) may not perform any firesafety inspection
793 required by law.
794 3. A special state firesafety inspector certificate may not
795 be issued after June 30, 2010.
796 (b)1. Any person who is a special state firesafety
797 inspector on July 1, 2010, and who has at least 5 years of
798 experience as a special state firesafety inspector as of July 1,
799 2010, may take the firesafety inspection examination as provided
800 in paragraph (2)(f) for firesafety inspectors before July 1,
801 2012, to be certified as a firesafety inspector under this
802 section.
803 2. Upon passing the examination, the person shall be
804 certified as a firesafety inspector as provided in this section.
805 3. A person who fails to become certified must comply with
806 paragraph (c) to be certified as a firesafety inspector under
807 this section.
808 (c)1. To be certified as a firesafety inspector under this
809 section, any person who:
810 a. Is a special state firesafety inspector on July 1, 2010,
811 and who does not have 5 years of experience as a special state
812 firesafety inspector as of July 1, 2010; or
813 b. Has 5 years of experience as a special state firesafety
814 inspector but has failed the examination taken as provided in
815 paragraph (2)(f),
816
817 must take an additional 80 hours of the courses described in
818 paragraph (2)(g).
819 2. After successfully completing the courses described in
820 this paragraph, such person may take the firesafety inspection
821 examination as provided in (2)(f), if such examination is taken
822 before July 1, 2012.
823 3. Upon passing the examination, the person shall be
824 certified as a firesafety inspector as provided in this section.
825 4. A person who fails the course of study or the
826 examination described in this paragraph may not perform any
827 firesafety inspection required by law on or after July 1, 2012.
828 Each special state firesafety inspection which is required by
829 law and is conducted by or on behalf of an agency of the state
830 must be performed by an individual who has met the provision of
831 subsection (2), except that the duration of the training program
832 shall not exceed 120 hours of specific training for the type of
833 property that such special state firesafety inspectors are
834 assigned to inspect.
835 (4) A firefighter certified pursuant to s. 633.35 may
836 conduct firesafety inspections, under the supervision of a
837 certified firesafety inspector, while on duty as a member of a
838 fire department company conducting inservice firesafety
839 inspections without being certified as a firesafety inspector,
840 if such firefighter has satisfactorily completed an inservice
841 fire department company inspector training program of at least
842 24 hours’ duration as provided by rule of the department.
843 (5) Every firesafety inspector or special state firesafety
844 inspector certificate is valid for a period of 3 years after
845 from the date of issuance. Renewal of certification shall be
846 subject to the affected person’s completing proper application
847 for renewal and meeting all of the requirements for renewal as
848 established under this chapter or by rule adopted under this
849 chapter promulgated thereunder, which shall include completion
850 of at least 40 hours during the preceding 3-year period of
851 continuing education as required by the rule of the department
852 or, in lieu thereof, successful passage of an examination as
853 established by the department.
854 (6) The State Fire Marshal may deny, refuse to renew,
855 suspend, or revoke the certificate of a firesafety inspector or
856 special state firesafety inspector if the State Fire Marshal it
857 finds that any of the following grounds exist:
858 (a) Any cause for which issuance of a certificate could
859 have been refused had it then existed and been known to the
860 State Fire Marshal.
861 (b) Violation of this chapter or any rule or order of the
862 State Fire Marshal.
863 (c) Falsification of records relating to the certificate.
864 (d) Having been found guilty of or having pleaded guilty or
865 nolo contendere to a felony, whether or not a judgment of
866 conviction has been entered.
867 (e) Failure to meet any of the renewal requirements.
868 (f) Having been convicted of a crime in any jurisdiction
869 which directly relates to the practice of fire code inspection,
870 plan review, or administration.
871 (g) Making or filing a report or record that the
872 certificateholder knows to be false, or knowingly inducing
873 another to file a false report or record, or knowingly failing
874 to file a report or record required by state or local law, or
875 knowingly impeding or obstructing such filing, or knowingly
876 inducing another person to impede or obstruct such filing.
877 (h) Failing to properly enforce applicable fire codes or
878 permit requirements within this state which the
879 certificateholder knows are applicable by committing willful
880 misconduct, gross negligence, gross misconduct, repeated
881 negligence, or negligence resulting in a significant danger to
882 life or property.
883 (i) Accepting labor, services, or materials at no charge or
884 at a noncompetitive rate from any person who performs work that
885 is under the enforcement authority of the certificateholder and
886 who is not an immediate family member of the certificateholder.
887 For the purpose of this paragraph, the term “immediate family
888 member” means a spouse, child, parent, sibling, grandparent,
889 aunt, uncle, or first cousin of the person or the person’s
890 spouse or any person who resides in the primary residence of the
891 certificateholder.
892 (7) The department shall provide by rule for the
893 certification of firesafety inspectors.
894 (8) The State Fire Marshal may develop by rule an advanced
895 training and certification program for firesafety inspectors
896 with fire code management responsibilities. This program must be
897 consistent with the appropriate provisions of the National Fire
898 Protection Association publication NFPA 1037, Standard for
899 Professional Qualifications for Fire Marshal, or similar
900 standards adopted by the division. The program must establish
901 minimum training, education, and experience levels for fire
902 safety inspectors with fire code management responsibilities.
903 (9) The Division of State Fire Marshal and the Florida
904 Building Code Administrators and Inspectors Board established
905 pursuant to s. 468.605 shall enter into a reciprocity agreement
906 to facilitate joint recognition of continuing education
907 recertification hours for certificateholders licensed in
908 accordance with s. 468.609 and firesafety inspectors certified
909 under this section.
910 Section 9. Subsection (2) of section 633.082, Florida
911 Statutes, is amended, and subsection (6) is added to that
912 section, to read:
913 633.082 Inspection of fire control systems, fire hydrants,
914 and fire protection systems.—
915 (2) Fire hydrants and fire protection systems installed in
916 public and private properties, except one-family or two-family
917 dwellings, in this state shall be inspected following procedures
918 established in the nationally recognized inspection, testing,
919 and maintenance standards NFPA-24 and NFPA-25 as set forth in
920 the edition adopted by the State Fire Marshal. Quarterly,
921 annual, 3-year, and 5-year inspections consistent with the
922 contractual provisions with the owner shall be conducted by the
923 certificateholder or permittees employed by the
924 certificateholder pursuant to s. 633.521.
925 (a) All alarm systems shall be serviced, tested, repaired,
926 inspected, and improved in compliance with the provisions of the
927 applicable standards of the National Fire Protection Association
928 adopted by the State Fire Marshal pursuant to ss. 633.071 and
929 633.701.
930 (b) Fire hydrants owned by public governmental entities
931 shall be inspected following procedures established in the
932 nationally recognized inspection, testing, and maintenance
933 standards adopted by the State Fire Marshal. County, municipal,
934 and special district utilities may comply with this section with
935 designated employees notwithstanding the requirements of s.
936 633.081. However, private contractors must be licensed pursuant
937 to this chapter.
938 (c) Fire protection systems installed in public and private
939 properties, and private hydrants that are attached to and an
940 integral part of the fire protection system, shall be inspected
941 following procedures established in the nationally recognized
942 inspection, testing, and maintenance standards adopted by the
943 State Fire Marshal.
944 (6) The owner shall replace any fire sprinkler heads that
945 have been identified by a governmental regulatory agency as
946 subject to a recall for a material defect in design or
947 workmanship.
948 Section 10. Paragraph (a) of subsection (1) and subsections
949 (2), (3), and (4) of section 633.085, Florida Statutes, are
950 amended to read:
951 633.085 Inspections of state buildings and premises; tests
952 of firesafety equipment; building plans to be approved.—
953 (1)(a) It is the duty of the State Fire Marshal and her or
954 his agents to inspect, or cause to be inspected, each state
955 owned building, and each building located on land owned by the
956 state and used primarily for state purposes as determined by the
957 State Fire Marshal with such building for purposes of this
958 section referred to as a state-owned building, on a recurring
959 basis established by rule, and to ensure that high-hazard
960 occupancies are inspected at least annually, for the purpose of
961 ascertaining and causing to be corrected any conditions liable
962 to cause fire or endanger life from fire and any violation of
963 the firesafety standards for state-owned buildings, the
964 provisions of this chapter, or the rules or regulations adopted
965 and promulgated pursuant hereto. The State Fire Marshal shall,
966 within 7 days following an inspection, submit a report of such
967 inspection to the head of the department of state government
968 responsible for the building.
969 (2) The State Fire Marshal and her or his agents may shall
970 conduct performance tests on any electronic fire warning and
971 smoke detection system, and any pressurized air-handling unit,
972 in any state-owned building or state-leased space on a recurring
973 basis as provided in subsection (1). The State Fire Marshal and
974 her or his agents shall also ensure that fire drills are
975 conducted in all high-hazard state-owned building or high-hazard
976 state-leased high-hazard occupancies at least annually.
977 (3) All construction of any new, or renovation, alteration,
978 or change of occupancy of any existing, state-owned building or
979 state-leased building or space shall comply with the uniform
980 firesafety standards of the State Fire Marshal.
981 (a) For all new construction or renovation, alteration, or
982 change of occupancy of state-leased space, compliance with the
983 uniform firesafety standards shall be determined by reviewing
984 the plans for the proposed construction or occupancy submitted
985 by the lessor to the Division of State Fire Marshal for review
986 and approval prior to commencement of construction or occupancy,
987 which review shall be completed within 10 working days after
988 receipt of the plans by the Division of State Fire Marshal.
989 (b) The plans for all construction of any new, or
990 renovation or alteration of any existing, state-owned building
991 are subject to the review and approval of the Division of State
992 Fire Marshal for compliance with the uniform firesafety
993 standards prior to commencement of construction or change of
994 occupancy, which review shall be completed within 30 calendar
995 days of receipt of the plans by the Division of State Fire
996 Marshal.
997 (4) The Division of State Fire Marshal may inspect state
998 owned buildings and space and state-leased buildings and space
999 as necessary prior to occupancy or during construction,
1000 renovation, or alteration to ascertain compliance with the
1001 uniform firesafety standards. Whenever the Division of State
1002 Fire Marshal determines by virtue of such inspection or by
1003 review of plans that construction, renovation, or alteration of
1004 state-owned buildings and state-leased space is not in
1005 compliance with the uniform firesafety standards, the Division
1006 of State Fire Marshal shall issue an order to cease
1007 construction, renovation, or alteration, or to preclude
1008 occupancy, of a building until compliance is obtained, except
1009 for those activities required to achieve such compliance.
1010 Section 11. Subsections (1) and (3) of section 633.161,
1011 Florida Statutes, are amended to read:
1012 633.161 Violations; orders to cease and desist, correct
1013 hazardous conditions, preclude occupancy, or vacate;
1014 enforcement; penalties.—
1015 (1) If it is determined by the department that a violation
1016 specified in this subsection exists, the State Fire Marshal or
1017 her or his agent deputy may issue and deliver to the person
1018 committing the violation an order to cease and desist from such
1019 violation, to correct any hazardous condition, to preclude
1020 occupancy of the affected building or structure, or to vacate
1021 the premises of the affected building or structure. Such
1022 violations consist of are:
1023 (a) Except as set forth in paragraph (b), a violation of
1024 any provision of this chapter, of any rule adopted pursuant
1025 thereto, of any applicable uniform firesafety standard adopted
1026 pursuant to s. 633.022 which is not adequately addressed by any
1027 alternative requirements adopted on a local level, or of any
1028 minimum firesafety standard adopted pursuant to s. 394.879.
1029 (b) A substantial violation of an applicable minimum
1030 firesafety standard adopted pursuant to s. 633.025 which is not
1031 reasonably addressed by any alternative requirement imposed at
1032 the local level, or an unreasonable interpretation of an
1033 applicable minimum firesafety standard, and which violation or
1034 interpretation clearly constitutes a danger to lifesafety.
1035 (c) A building or structure which is in a dilapidated
1036 condition and as a result thereof creates a danger to life,
1037 safety, or property.
1038 (d) A building or structure which contains explosive matter
1039 or flammable liquids or gases constituting a danger to life,
1040 safety, or property.
1041 (e) Any organization that acts as or offers to act as a
1042 fire department that is not designated as a fire department by a
1043 political subdivision of the state.
1044 (3) Any person who violates or fails to comply with any
1045 order under subsection (1) or subsection (2) commits is guilty
1046 of a misdemeanor, punishable as provided in s. 633.171.
1047 Section 12. Section 633.30, Florida Statutes, is amended to
1048 read:
1049 633.30 Standards for firefighting; definitions.—As used in
1050 this chapter, the term:
1051 (1) “Career firefighter” means any person who is
1052 compensated at an hourly rate or is salaried and whose work
1053 hours are scheduled in advance to maintain a schedule of
1054 coverage at a state facility or area to function as described in
1055 subsection (8).
1056 (2)(4) “Council” means the Firefighters Employment,
1057 Standards, and Training Council.
1058 (3) “Department” means the Department of Financial
1059 Services.
1060 (4)(5) “Division” means the Division of State Fire Marshal
1061 of the Department of Financial Services.
1062 (5)(2) “Employing agency” means any municipality or county,
1063 the state, or any political subdivision of the state, including
1064 authorities and special districts, employing firefighters as
1065 defined in subsection (8) (1).
1066 (6) “Fire department” means an organization designated by a
1067 county, municipality, or independent special fire control
1068 district to provide emergency responses for the protection of
1069 life and property within a specified geographical area.
1070 (7) “Fire service aide” means a high school student or
1071 other individual who completes a course of instruction and
1072 examination approved by the division that includes specified
1073 components of firefighter I and II certification in accordance
1074 with the division’s rules.
1075 (8)(1) “Firefighter” means any person initially employed as
1076 a full-time professional firefighter by any employing agency, as
1077 defined herein, whose primary responsibility is the emergency
1078 response to fires and other emergencies, the prevention and
1079 extinguishment of fires, the protection and saving of life and
1080 property, and the enforcement of municipal, county, and state
1081 fire prevention codes, as well as of any law pertaining to the
1082 prevention and control of fires.
1083 (9) “Firefighter I” means the classification for a person
1084 who has successfully completed the firefighter I training
1085 program and is certified at level I in accordance with the
1086 division’s rules.
1087 (10) “Firefighter II” means the classification for a person
1088 who has successfully completed the firefighter II training
1089 program and is certified at level II in accordance with the
1090 division’s rules. Firefighter II classification is the minimum
1091 level of certification to function as a career firefighter.
1092 Section 13. Section 633.34, Florida Statutes, is amended to
1093 read:
1094 633.34 Firefighters; qualifications for employment.—
1095 (1) Any individual person applying for employment or
1096 training as a firefighter must:
1097 (a)(1) Be a high school graduate or the equivalent, as the
1098 term may be determined by the division, and at least 18 years of
1099 age.
1100 (b)(2) Not Neither have been found guilty convicted of or
1101 pled guilty or a felony or of a misdemeanor directly related to
1102 the position of employment sought, nor have pled nolo contendere
1103 to any charge of a felony or a crime punishable by imprisonment
1104 of 1 year or more under the laws of the United States or of any
1105 state thereof or under the laws of any other country. If an
1106 applicant has been convicted of a felony, such applicant must be
1107 in compliance with s. 112.011(2)(b). If an applicant has been
1108 convicted of a misdemeanor directly related to the position of
1109 employment sought, such applicant shall be excluded from
1110 employment for a period of 4 years after expiration of sentence.
1111 If the sentence is suspended or adjudication is withheld in a
1112 felony charge or in a misdemeanor directly related to the
1113 position or employment sought and a period of probation is
1114 imposed, the applicant must have been released from probation.
1115 (c)(3) Have paid the required fee for fingerprint
1116 processing and submitted fingerprints as directed by the
1117 division. Submit a fingerprint card to the division with a
1118 current processing fee. The fingerprints shall fingerprint card
1119 will be forwarded to the Department of Law Enforcement and
1120 and/or the Federal Bureau of Investigation for analysis pursuant
1121 to s. 624.34.
1122 (4) Have a good moral character as determined by
1123 investigation under procedure established by the division.
1124 (d)(5) Be in good physical condition as determined by a
1125 recent medical examination, conducted in accordance with the
1126 medical requirements for training and certification as set forth
1127 in rules adopted by the division, given by a physician, surgeon,
1128 or physician assistant licensed to practice in the state
1129 pursuant to chapter 458; an osteopathic physician, surgeon, or
1130 physician assistant licensed to practice in the state pursuant
1131 to chapter 459; or an advanced registered nurse practitioner
1132 licensed to practice in the state pursuant to chapter 464. Such
1133 examination may include, but need not be limited to, provisions
1134 of the National Fire Protection Association Standard 1582.
1135 Results of such A medical examination evidencing good physical
1136 condition shall be submitted to the division, on a form as
1137 provided by rule, before an individual is eligible for admission
1138 into a firefighter training program as defined in s. 633.35.
1139 (e)(6) Be a nonuser of tobacco or tobacco products for at
1140 least 1 year immediately preceding application or employment or
1141 commencement of training for certification as a career
1142 firefighter, as evidenced by the sworn affidavit of the
1143 applicant. A career firefighter certified after December 31,
1144 2010, must be a nonuser of tobacco as a condition of employment.
1145 (2) An individual who does not hold a fire service aide,
1146 firefighter I, or firefighter II certificate may not engage in
1147 any operations that require the knowledge and skills taught in
1148 the training programs established by the division, regardless of
1149 volunteer or employment status.
1150 Section 14. Section 633.35, Florida Statutes, is amended to
1151 read:
1152 633.35 Firefighter training and certification.—
1153 (1) The division shall adopt rules to establish a
1154 firefighter training programs for certification as a fire
1155 service aide, a firefighter I, and a firefighter II, to be
1156 program of not less than 360 hours, administered by such
1157 agencies and institutions approved by the division in accordance
1158 with division rules as it approves for the purpose of providing
1159 basic employment training for firefighters. Nothing herein shall
1160 require a public employer to pay the cost of such training.
1161 Certificates of compliance previously issued by this state that
1162 do not identify Level I or Level II but that comply with the
1163 requirements of ss. 633.351 and 633.352 shall remain in effect.
1164 (2) The division shall issue certificates a certificate of
1165 compliance for certification as a fire service aide, a
1166 firefighter I, and a firefighter II to any individual person who
1167 has satisfactorily completed complying with the training
1168 programs program established in subsection (1), who has
1169 successfully passed an examination as prescribed by the
1170 division, and who possesses the qualifications specified for
1171 employment in s. 633.34, except s. 633.34(5). An individual No
1172 person may not be employed as a career regular or permanent
1173 firefighter by an employing agency, or by a private entity under
1174 contract with the state or any political subdivision of the
1175 state, including authorities and special districts, unless the
1176 individual is certified as a firefighter II, except for an
1177 individual hired to be trained and become certified as a
1178 firefighter II. An individual hired to be trained and become
1179 certified as a firefighter II has no longer than for a period of
1180 time in excess of 1 year after from the date of initial
1181 employment to obtain the firefighter II until he or she has
1182 obtained such certificate of compliance. An individual A person
1183 who does not hold a firefighter II certificate of compliance and
1184 is employed under this section may not directly engage in
1185 hazardous operations, such as interior structural firefighting
1186 and hazardous-materials-incident mitigation, requiring the
1187 knowledge and skills taught in a training program established in
1188 subsection (1). However, a current member of an employing agency
1189 person who is certified as a fire service aide or a firefighter
1190 I has served as a volunteer firefighter with the state or any
1191 political subdivision of the state, including authorities and
1192 special districts, who is then employed as a career regular or
1193 permanent firefighter by the same employing agency may function,
1194 during this initial 1-year period, in the same capacity in which
1195 he or she acted prior to being employed as a career firefighter
1196 by the employing agency as a volunteer firefighter, provided
1197 that he or she has completed all training required by the
1198 volunteer organization.
1199 (3) The division may issue a certificate of compliance as a
1200 firefighter I or firefighter II to any individual person who has
1201 received basic employment training for firefighters in another
1202 state when the division has determined that such training was at
1203 least equivalent to that required by the division for approved
1204 firefighter education and training programs in this state and
1205 when such person has satisfactorily complied with all other
1206 requirements of this section.
1207 (4) The division may also issue a Fire Service
1208 Administrative and Command Head special certificate to an
1209 individual a person who received training in another state and
1210 is otherwise qualified under this section and who is employed as
1211 the administrative and command head of a fire/rescue/emergency
1212 services organization, based on the acknowledgment that such
1213 individual person is less likely to need physical dexterity and
1214 more likely to need advanced knowledge of firefighting and
1215 supervisory skills. For purposes of this subsection:
1216 (a) The certificate is valid only while the individual
1217 person is serving in a position as an administrative and command
1218 head of a fire/rescue/emergency services organization.
1219 (b) The certificateholder is limited at emergency scenes to
1220 command and control functions.
1221 (c) From the date of being hired, the individual has 1 year
1222 to acquire the certificate. During the period from being hired
1223 to the issuance of the special certificate, the individual may
1224 operate only in an administrative capacity and may not engage in
1225 any emergency activity including command and control functions
1226 at such emergencies.
1227 (d) If at the end of the 1-year period, the individual has
1228 not acquired the certificate, the employing agency shall
1229 terminate the employment of the individual or submit an
1230 affidavit approved by the division attesting that the individual
1231 functions only in an administrative capacity.
1232 (5)(4) An applicant A person who fails a required an
1233 examination given under this section may retake the examination
1234 once within 6 months after the original examination date. An
1235 applicant who does not pass retake the examination within such
1236 time must repeat or take the applicable training program take
1237 the Minimum Standards Course, pursuant to subsection (1), before
1238 being reexamined. The division may establish reasonable
1239 preregistration deadlines for such reexaminations.
1240 (6)(5) Pursuant to s. 590.02(1)(e), the division shall
1241 establish a structural fire training program of not less than 40
1242 hours. The division shall issue to any person satisfactorily
1243 complying with this training program and who has successfully
1244 passed an examination as prescribed by the division and who has
1245 met the requirements of s. 590.02(1)(e) a Certificate of
1246 Forestry Firefighter.
1247 (7)(6) A certified forestry firefighter is entitled to the
1248 same rights, privileges, and benefits provided for by law as a
1249 career certified firefighter.
1250 Section 15. Section 633.351, Florida Statutes, is amended
1251 to read:
1252 633.351 Disciplinary action; firefighters; standards for
1253 revocation of certification.—
1254 (1) The certification of a firefighter shall be revoked by
1255 the department if evidence is found that the certification was
1256 improperly issued by the division or if evidence is found that
1257 the certification was issued on the basis of false, incorrect,
1258 incomplete, or misleading information.
1259 (2) The department shall revoke the certification of a
1260 firefighter who has been found guilty of, or pled guilty or nolo
1261 contendere to, any felony or a crime punishable by imprisonment
1262 of 1 year or more under the laws of the United States or any
1263 state of the United States or under the laws of any other
1264 country, without regard to whether a judgment of conviction has
1265 been entered or adjudication has been withheld by the court
1266 having jurisdiction of the case is convicted of a felony, or who
1267 is convicted of a misdemeanor relating to misleading or false
1268 statements, or who pleads nolo contendere to any charge of a
1269 felony shall be revoked until the firefighter complies with s.
1270 112.011(2)(b). However, if sentence upon such felony or such
1271 misdemeanor charge is suspended or adjudication is withheld, the
1272 firefighter’s certification shall be revoked until she or he
1273 completes any probation.
1274 (3) If a firefighter certification is revoked, all
1275 certifications issued in accordance with s. 633.33 held by the
1276 individual shall also be revoked.
1277 (4) The division shall adopt rules setting forth the
1278 conditions under which an individual whose certificate has been
1279 revoked can be issued a new certificate of compliance.
1280 Section 16. Section 633.352, Florida Statutes, is amended
1281 to read:
1282 633.352 Retention of firefighter certification.—
1283 (1) Any certified firefighter who has not been active as a
1284 firefighter, or as a volunteer firefighter with an organized
1285 fire department, for a period of at least 3 years but less than
1286 6 years shall be required to retake and pass the written and
1287 practical portions portion of the minimum standards state
1288 examination specified in division rules rule 4A-37.056(6)(b),
1289 Florida Administrative Code, in order to maintain her or his
1290 certification as a firefighter; however, this requirement does
1291 not apply to state-certified instructors, as determined by the
1292 division. The 3-year period begins on the date the certificate
1293 of compliance is issued or upon termination of service with an
1294 organized fire department.
1295 (2) The certification of a firefighter who has not been
1296 active as a firefighter with an organized fire department for
1297 more than 6 years automatically expires. To acquire
1298 certification, the individual must comply with current
1299 curriculum and certification requirements as defined in division
1300 rules.
1301 (3) The 3-year and 6-year periods, as applicable, begin on
1302 the date the firefighter I or firefighter II certificate of
1303 compliance is issued or upon the date of termination of service
1304 with an organized fire department.
1305 (4) A certified firesafety inspector employed or under
1306 contract as a firesafety inspector for any agency set forth in
1307 s. 633.081(1) and a certified active fire instructor who is also
1308 a certified firefighter retains his or her firefighter
1309 certification as provided by division rule.
1310 Section 17. Subsections (1), (2), (3), and (4) of section
1311 633.382, Florida Statutes, are amended to read:
1312 633.382 Career firefighters; supplemental compensation.—
1313 (1) DEFINITION DEFINITIONS.—As used in this section, the
1314 term “accredited” means having received accreditation from an
1315 accrediting agency that is recognized by the United States
1316 Department of Education.:
1317 (a) “Employing agency” means any municipality or any
1318 county, the state, or any political subdivision of the state,
1319 including authorities and special districts employing
1320 firefighters.
1321 (b) “Firefighter” means any person who meets the definition
1322 of the term “firefighter” in s. 633.30(1) who is certified in
1323 compliance with s. 633.35 and who is employed solely within the
1324 fire department of the employing agency or is employed by the
1325 division.
1326 (2) QUALIFICATIONS FOR SUPPLEMENTAL COMPENSATION.—
1327 (a) In addition to the compensation now paid by an
1328 employing agency to a career any firefighter, except a career
1329 firefighter employed by a private entity under contract to
1330 provide services to a municipality or county, the state, or any
1331 political subdivision of the state, including authorities and
1332 special districts, every career firefighter shall be paid
1333 supplemental compensation by the employing agency when such
1334 firefighter has complied with one of the following criteria:
1335 1. Any career firefighter who receives an associate degree
1336 from an accredited a college, which degree is applicable to fire
1337 department duties, as outlined in policy guidelines of the
1338 division, shall be additionally compensated as outlined in
1339 paragraph (3)(a).
1340 2. Any career firefighter, regardless of whether or not she
1341 or he earned an associate degree earlier, who receives from an
1342 accredited college or university a bachelor’s degree, which
1343 bachelor’s degree is applicable to fire department duties, as
1344 outlined in policy guidelines of the division, shall receive
1345 compensation as outlined in paragraph (3)(b).
1346 (b) Whenever any question arises as to the eligibility of
1347 any career firefighter to receive supplemental compensation as
1348 provided in this section, the question, together with all facts
1349 relating thereto, shall be submitted to the division for
1350 determination, and the decision of the division with regard to
1351 determination of eligibility shall be final, subject to the
1352 provisions of chapter 120.
1353 (3) SUPPLEMENTAL COMPENSATION.—Supplemental compensation
1354 shall be determined as follows:
1355 (a) Fifty dollars shall be paid monthly to each career
1356 firefighter who qualifies under the provisions of subparagraph
1357 (2)(a)1.
1358 (b) One hundred and ten dollars shall be paid monthly to
1359 each career firefighter who qualifies under the provisions of
1360 subparagraph (2)(a)2.
1361 (4) FUNDING.—
1362 (a) The employing agency is responsible for the correct
1363 payment of career firefighters pursuant to the provisions of
1364 this section. The division may review, in a postaudit capacity,
1365 any action taken by an agency in administering the educational
1366 incentive program. The employing agency shall take appropriate
1367 action when a postaudit shows that an action taken by the
1368 employing agency was in error.
1369 (b) Each agency employing career firefighters who are
1370 eligible for this compensation shall submit reports containing
1371 information relating to compensation paid as a result of this
1372 section to the division on March 31, June 30, September 30, and
1373 December 31 of each year.
1374 (c) There is appropriated from the Police and Firefighter’s
1375 Premium Tax Trust Fund to the Firefighters’ Supplemental
1376 Compensation Trust Fund, which is hereby created under the
1377 Department of Revenue, all moneys which have not been
1378 distributed to municipalities and special fire control districts
1379 in accordance with s. 175.121 as a result of the limitation
1380 contained in s. 175.122 on the disbursement of revenues
1381 collected pursuant to chapter 175 or as a result of any
1382 municipality or special fire control district not having
1383 qualified in any given year, or portion thereof, for
1384 participation in the distribution of the revenues collected
1385 pursuant to chapter 175. The total required annual distribution
1386 from the Firefighters’ Supplemental Compensation Trust Fund
1387 shall equal the amount necessary to pay supplemental
1388 compensation as provided in this section, provided that:
1389 1. Any deficit in the total required annual distribution
1390 shall be made up from accrued surplus funds existing in the
1391 Firefighters’ Supplemental Compensation Trust Fund on June 30,
1392 1990, for as long as such funds last. If the accrued surplus is
1393 insufficient to cure the deficit in any given year, the
1394 proration of the appropriation among the counties,
1395 municipalities, and special fire service taxing districts shall
1396 equal the ratio of compensation paid in the prior year to
1397 county, municipal, and special fire service taxing district
1398 career firefighters pursuant to this section. This ratio shall
1399 be provided annually to the Department of Revenue by the
1400 Division of State Fire Marshal. Surplus funds that have accrued
1401 or accrue on or after July 1, 1990, shall be redistributed to
1402 municipalities and special fire control districts as provided in
1403 subparagraph 2.
1404 2. By October 1 of each year, any funds that have accrued
1405 or accrue on or after July 1, 1990, and remain in the
1406 Firefighters’ Supplemental Compensation Trust Fund following the
1407 required annual distribution shall be redistributed by the
1408 Department of Revenue pro rata to those municipalities and
1409 special fire control districts identified by the Department of
1410 Management Services as being eligible for additional funds
1411 pursuant to s. 175.121(3)(b).
1412 (d) Salary incentive payments to career firefighters shall
1413 commence in the first full calendar month following the initial
1414 date of certification of eligibility by the Division of State
1415 Fire Marshal.
1416 (e) Special fire service taxing districts are authorized
1417 and empowered to expend the funds necessary to ensure correct
1418 payment to career firefighters.
1419 Section 18. Paragraph (e) of subsection (2) and subsections
1420 (3) and (10) of section 633.521, Florida Statutes, are amended
1421 to read:
1422 633.521 Certificate application and issuance; permit
1423 issuance; examination and investigation of applicant.—
1424 (2)
1425 (e) An applicant may not be examined more than four times
1426 during 1 year for certification as a contractor pursuant to this
1427 section unless the person is or has been certified and is taking
1428 the examination to change classifications. If an applicant does
1429 not pass one or more parts of the examination, she or he may
1430 take any part of the examination three more times during the 1
1431 year period beginning upon the date she or he originally filed
1432 an application to take the examination. If the applicant does
1433 not pass the examination within that 1-year period, she or he
1434 must file a new application and pay the application and
1435 examination fees in order to take the examination or a part of
1436 the examination again. However, the applicant may not file a new
1437 application sooner than 6 months after the date of her or his
1438 last examination. An applicant who passes the examination but
1439 does not meet the remaining qualifications as provided in
1440 applicable statutes and rules within 1 year after the
1441 application date must file a new application, pay the
1442 application and examination fee, successfully complete a
1443 prescribed training course approved by the State Fire College or
1444 an equivalent court approved by the State Fire Marshal, and
1445 retake and pass the written examination.
1446 (3)(a)1. As a prerequisite to taking the examination for
1447 certification as a Contractor I, Contractor II, or Contractor
1448 III, the applicant must be at least 18 years of age, be of good
1449 moral character, and shall possess 4 years’ proven experience in
1450 the employment of a fire protection system Contractor I,
1451 Contractor II, or Contractor III or a combination of equivalent
1452 education and experience in both water-based and chemical fire
1453 suppression systems.
1454 2. As a prerequisite to taking the examination for
1455 certification as a Contractor II, the applicant must be at least
1456 18 years of age, be of good moral character, and have 4 years’
1457 proven experience in the employment of a fire protection system
1458 Contractor I or Contractor II or a combination of equivalent
1459 education and experience in water-based fire suppression
1460 systems.
1461 3. As a prerequisite to taking the examination for
1462 certification as a Contractor III, the applicant must be at
1463 least 18 years of age, be of good moral character, and have 4
1464 years’ proven experience in the employment of a fire protection
1465 system Contractor I or Contractor III or a combination of
1466 equivalent education and experience in chemical fire suppression
1467 systems.
1468 4. As a prerequisite to taking the examination for
1469 certification as a Contractor IV, the applicant must be at least
1470 18 years old, be of good moral character, and have at least 2
1471 years’ proven experience in the employment of a fire protection
1472 system Contractor I, Contractor II, or Contractor IV or a
1473 combination of equivalent education and experience.
1474 5. As a prerequisite to taking the examination for
1475 certification as a Contractor IV, the applicant must shall be at
1476 least 18 years old, be of good moral character, and have at
1477 least 2 years’ proven experience in the employment of a fire
1478 protection system Contractor I, Contractor II, Contractor III,
1479 or Contractor IV or combination of equivalent education and
1480 experience which combination need not include experience in the
1481 employment of a fire protection system contractor.
1482 6. As a prerequisite to taking the examination for
1483 certification as a Contractor V, the applicant, including any
1484 applicant certified as a general contractor pursuant to chapter
1485 489, must shall be at least 18 years old, be of good moral
1486 character, and have been licensed as a certified underground
1487 utility and excavation contractor or plumbing contractor
1488 pursuant to chapter 489, have verification by an individual who
1489 is licensed as a certified utility contractor or plumbing
1490 contractor pursuant to chapter 489 that the applicant has 4
1491 years’ proven experience in the employ of a certified
1492 underground utility and excavation contractor or plumbing
1493 contractor, or have a combination of education and experience
1494 equivalent to 4 years’ proven experience in the employ of a
1495 certified underground utility and excavation contractor or
1496 plumbing contractor.
1497 (b) Required education and experience for Contractor I,
1498 Contractor II, Contractor III, and Contractor IV certifications
1499 includes training and experience in both the installation and
1500 system layout as defined in s. 633.021(15).
1501 (c) Within 30 days after the date of the examination, the
1502 State Fire Marshal shall inform the applicant in writing whether
1503 she or he has qualified or not and, if the applicant has
1504 qualified, that she or he is ready to issue a certificate of
1505 competency, subject to compliance with the requirements of
1506 subsection (4).
1507 (10) Effective July 1, 2008, the State Fire Marshal shall
1508 require the National Institute of Certification in Engineering
1509 Technologies (NICET), Sub-field of Inspection and Testing of
1510 Fire Protection Systems Level II or equivalent training and
1511 education as determined by the division as proof that the
1512 permitholders are knowledgeable about nationally accepted
1513 standards for the inspection of fire protection systems. It is
1514 the intent of this act, from July 1, 2005, until July 1, 2008,
1515 to accept continuing education of all certificateholders’
1516 employees who perform inspection functions which specifically
1517 prepares the permitholder to qualify for NICET II certification.
1518 Section 19. Section 633.524, Florida Statutes, is amended
1519 to read:
1520 633.524 Certificate and permit fees; examinations and fees;
1521 use and deposit of collected funds.—
1522 (1) The initial application fee for each class of
1523 certificate shall be $300. The biennial renewal fee for each
1524 class of certificate shall be $150. The initial application fee
1525 for the permit classification shall be $100. The biennial
1526 renewal fee for the permit classification shall be $50. The fee
1527 for certificates issued as duplicates or to reflect a change of
1528 address is $15. The fee for each examination or reexamination
1529 for each class of certificate shall be $100.
1530 (2) All moneys collected by the State Fire Marshal pursuant
1531 to this chapter are hereby appropriated for the use of the State
1532 Fire Marshal in the administration of this chapter and shall be
1533 deposited in the Insurance Regulatory Trust Fund.
1534 (3) The State Fire Marshal may enter into a contract with
1535 any qualified public entity or private company in accordance
1536 with chapter 287 to provide examinations for any applicant for
1537 any examination administered under the jurisdiction of the State
1538 Fire Marshal. The State Fire Marshal may direct payments from
1539 each applicant for each examination directly to such contracted
1540 entity or company.
1541 Section 20. Subsection (4) of section 633.537, Florida
1542 Statutes, is amended to read:
1543 633.537 Certificate; expiration; renewal; inactive
1544 certificate; continuing education.—
1545 (4) The renewal period for the permit class is the same as
1546 that for the employing certificateholder. The continuing
1547 education requirements for permitholders are what is required to
1548 maintain NICET Sub-field of Inspection and Testing of Fire
1549 Protection Systems Level II or higher certification plus 8
1550 contact hours of continuing education during each biennial
1551 renewal period thereafter. The continuing education curriculum
1552 from July 1, 2005, until July 1, 2008, shall be the preparatory
1553 curriculum for NICET II certification; after July 1, 2008, the
1554 technical curriculum is at the discretion of the State Fire
1555 Marshal and may be used to meet the maintenance of NICET Level
1556 II certification and 8 contact hours of continuing education
1557 requirements. It is the responsibility of the permitholder to
1558 maintain NICET II certification as a condition of permit renewal
1559 after July 1, 2008.
1560 Section 21. Subsection (4) of section 633.72, Florida
1561 Statutes, is amended to read:
1562 633.72 Florida Fire Code Advisory Council.—
1563 (4) Each appointee shall serve a 4-year term. A No member
1564 may not shall serve more than two consecutive terms one term. No
1565 member of the council shall be paid a salary as such member, but
1566 each shall receive travel and expense reimbursement as provided
1567 in s. 112.061.
1568 Section 22. Section 633.811, Florida Statutes, is amended
1569 to read:
1570 633.811 Firefighter employer penalties.—
1571 (1) If any firefighter employer violates or fails or
1572 refuses to comply with ss. 633.801-633.821, or with any rule
1573 adopted by the division under such sections in accordance with
1574 chapter 120 for the prevention of injuries, accidents, or
1575 occupational diseases or with any lawful order of the division
1576 in connection with ss. 633.801-633.821, or fails or refuses to
1577 furnish or adopt any safety device, safeguard, or other means of
1578 protection prescribed by division rule under ss. 633.801-633.821
1579 for the prevention of accidents or occupational diseases, the
1580 division may:
1581 (a) Issue an administrative cease and desist order,
1582 enforceable in the circuit court of the jurisdiction in which
1583 the violation is occurring or has occurred.
1584 (b) In a proceeding initiated pursuant to chapter 120,
1585 assess against the firefighter employer an administrative a
1586 civil penalty of not less than $100 nor more than $5,000 for
1587 each day the violation, omission, failure, or refusal continues
1588 after the firefighter employer has been given written notice of
1589 such violation, omission, failure, or refusal. The total penalty
1590 for each violation shall not exceed $50,000. The division shall
1591 adopt rules requiring penalties commensurate with the frequency
1592 or severity of safety violations. A hearing shall be held in
1593 Leon County the county in which the violation, omission,
1594 failure, or refusal is alleged to have occurred, unless
1595 otherwise agreed to by the firefighter employer and authorized
1596 by the division. All penalties assessed and collected under this
1597 section shall be deposited in the Insurance Regulatory Trust
1598 Fund.
1599 (2) An administrative cease and desist order or proceeding
1600 may not be initiated and a fine may not accrue until after the
1601 firefighter employer has been notified in writing of the nature
1602 of the violation and has been afforded a reasonable period of
1603 time, as set forth in the notice, to correct the violation and
1604 has failed to do so.
1605 Section 23. Subsection (3) of section 633.821, Florida
1606 Statutes, is amended to read:
1607 633.821 Workplace safety.—
1608 (3) With respect to 29 C.F.R. s. 1910.134(g)(4), the two
1609 individuals located outside the immediately dangerous to life
1610 and health atmosphere may be assigned to an additional role,
1611 such as incident commander, pumper operator, engineer, or
1612 driver, so long as such individual is able to immediately
1613 perform assistance or rescue activities without jeopardizing the
1614 safety or health of any firefighter working at an incident. Also
1615 with respect to 29 C.F.R. s. 1910.134(g)(4):
1616 (a) Each county, municipality, and special district shall
1617 implement such provision by April 1, 2002, except as provided in
1618 paragraphs (b) and (c).
1619 (b) If any county, municipality, or special district is
1620 unable to implement such provision by April 1, 2002, without
1621 adding additional personnel to its firefighting staff or
1622 expending significant additional funds, such county,
1623 municipality, or special district shall have an additional 6
1624 months within which to implement such provision. Such county,
1625 municipality, or special district shall notify the division that
1626 the 6-month extension to implement such provision is in effect
1627 in such county, municipality, or special district within 30 days
1628 after its decision to extend the time for the additional 6
1629 months. The decision to extend the time for implementation shall
1630 be made prior to April 1, 2002.
1631 (c) If, after the extension granted in paragraph (b), the
1632 county, municipality, or special district, after having worked
1633 with and cooperated fully with the division and the Firefighters
1634 Employment, Standards, and Training Council, is still unable to
1635 implement such provisions without adding additional personnel to
1636 its firefighting staff or expending significant additional
1637 funds, such municipality, county, or special district shall be
1638 exempt from the requirements of 29 C.F.R. s. 1910.134(g)(4).
1639 However, each year thereafter the division shall review each
1640 such county, municipality, or special district to determine if
1641 such county, municipality, or special district has the ability
1642 to implement such provision without adding additional personnel
1643 to its firefighting staff or expending significant additional
1644 funds. If the division determines that any county, municipality,
1645 or special district has the ability to implement such provision
1646 without adding additional personnel to its firefighting staff or
1647 expending significant additional funds, the division shall
1648 require such county, municipality, or special district to
1649 implement such provision. Such requirement by the division under
1650 this paragraph constitutes final agency action subject to
1651 chapter 120.
1652 Section 24. Paragraph (e) of subsection (1) of section
1653 218.23, Florida Statutes, is amended to read:
1654 218.23 Revenue sharing with units of local government.—
1655 (1) To be eligible to participate in revenue sharing beyond
1656 the minimum entitlement in any fiscal year, a unit of local
1657 government is required to have:
1658 (e) Certified that persons in its employ as career
1659 firefighters, as defined in s. 633.30(1), meet the qualification
1660 for employment as established by the Division of State Fire
1661 Marshal pursuant to the provisions of ss. 633.34 and 633.35 and
1662 that the provisions of s. 633.382 have been met.
1663
1664 Additionally, to receive its share of revenue sharing funds, a
1665 unit of local government shall certify to the Department of
1666 Revenue that the requirements of s. 200.065, if applicable, were
1667 met. The certification shall be made annually within 30 days of
1668 adoption of an ordinance or resolution establishing a final
1669 property tax levy or, if no property tax is levied, not later
1670 than November 1. The portion of revenue sharing funds which,
1671 pursuant to this part, would otherwise be distributed to a unit
1672 of local government which has not certified compliance or has
1673 otherwise failed to meet the requirements of s. 200.065 shall be
1674 deposited in the General Revenue Fund for the 12 months
1675 following a determination of noncompliance by the department.
1676 Section 25. Paragraph (b) of subsection (4) of section
1677 447.203, Florida Statutes, is amended to read:
1678 447.203 Definitions.—As used in this part:
1679 (4) “Managerial employees” are those employees who:
1680 (b) Serve as police chiefs, fire chiefs, or directors of
1681 public safety of any police, fire, or public safety department.
1682 Other police officers, as defined in s. 943.10(1), and career
1683 firefighters, as defined in s. 633.30(1), may be determined by
1684 the commission to be managerial employees of such departments.
1685 In making such determinations, the commission shall consider, in
1686 addition to the criteria established in paragraph (a), the
1687 paramilitary organizational structure of the department
1688 involved.
1689
1690 However, in determining whether an individual is a managerial
1691 employee pursuant to either paragraph (a) or paragraph (b),
1692 above, the commission may consider historic relationships of the
1693 employee to the public employer and to coemployees.
1694 Section 26. Subsection (22) of section 489.103, Florida
1695 Statutes, is amended to read:
1696 489.103 Exemptions.—This part does not apply to:
1697 (22) A person licensed pursuant to s. 633.061(1)(a)4.(d) or
1698 (2)(a)2.(b) performing work authorized by such license.
1699 Section 27. Paragraph (d) of subsection (1) of section
1700 590.02, Florida Statutes, is amended to read:
1701 590.02 Division powers, authority, and duties; liability;
1702 building structures; Florida Center for Wildfire and Forest
1703 Resources Management Training.—
1704 (1) The division has the following powers, authority, and
1705 duties:
1706 (d) To appoint center managers, forest area supervisors,
1707 forestry program administrators, a forest protection bureau
1708 chief, a forest protection assistant bureau chief, a field
1709 operations bureau chief, deputy chiefs of field operations,
1710 district managers, senior forest rangers, investigators, forest
1711 rangers, firefighter rotorcraft pilots, and other employees who
1712 may, at the division’s discretion, be certified as forestry
1713 firefighters pursuant to s. 633.35(5)(4). Other provisions of
1714 law notwithstanding, center managers, district managers, forest
1715 protection assistant bureau chief, and deputy chiefs of field
1716 operations shall have Selected Exempt Service status in the
1717 state personnel designation;
1718 Section 28. Subsection (8) of section 1013.12, Florida
1719 Statutes, is amended to read:
1720 1013.12 Casualty, safety, sanitation, and firesafety
1721 standards and inspection of property.—
1722 (8) ANNUAL REPORT.—The State Fire Marshal shall publish an
1723 annual report to be filed with the substantive committees of the
1724 state House of Representatives and Senate having jurisdiction
1725 over education, the Commissioner of Education or his or her
1726 successor, the State Board of Education, the Board of Governors,
1727 and the Governor documenting the status of each board’s
1728 firesafety program, including the improvement or lack thereof.
1729 Section 29. This act shall take effect July 1, 2010.